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United States of America v. David Charles Honeycutt

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 14, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
DAVID CHARLES HONEYCUTT,
DEFENDANT.

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

BENJAMIN B. WAGNER United States Attorney JILL THOMAS Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 Telephone: (916) 554-2781

FINAL ORDER OF FORFEITURE

WHEREAS, on or about June 21, 2011, this Court entered a Preliminary Order of Forfeiture pursuant to the provisions of 18 U.S.C. § 924(d)(1) and 28 U.S.C. § 2461(c), based upon the Plea Agreement entered into between plaintiff and defendant David Charles Honeycutt forfeiting to the United States the following property:

a) One Magnum .44 caliber handgun, serial number N557887, and

b) One Maverick 12-gauge shotgun, serial number MV968878.

AND WHEREAS, beginning on June 22, 2011, for at least 30 consecutive days, the United States published notice of the Court's Order of Forfeiture on the official internet government forfeiture site www.forfeiture.gov. Said published notice advised all third parties of their right to petition the Court within sixty (60) days from the first day of publication of the notice for a hearing to adjudicate the validity of their alleged legal interest in the forfeited property;

AND WHEREAS, the United States of America has sent direct written notice by certified mail to Robert Dostlik and William E. McClure.

AND WHEREAS, the Court has been advised that no third party has filed a claim to the subject property, and the time for any person or entity to file a claim has expired.

Accordingly, it is hereby ORDERED and ADJUDGED:

1. A Final Order of Forfeiture shall be entered forfeiting to the United States of America all right, title, and interest in the above-listed property pursuant to 18 U.S.C. § 924(d)(1) and 28 U.S.C. § 2461(c), to be disposed of according to law, including all right, title, and interest of David Charles Honeycutt.

2. All right, title, and interest in the above-listed property shall vest solely in the United States of America.

3. The U. S. Marshals Service shall maintain custody of and control over the subject property until it is disposed of according to law.

SO ORDERED.

20110914

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