United States District Court, E.D. California
PHILLIP A. TALBERT United States Attorney KEVIN C. KHASIGIAN
Assistant U.S. Attorney Attorneys for the United States.
CONSENT JUDGMENT OF FORFEITURE
MORRISON C. ENGLAND, JR., JUDGE.
to the Stipulation for Consent Judgment of Forfeiture, the
October 12, 2011, agents with the Drug Enforcement
Administration ("DEA") executed a federal search
warrant seized at 25818 Burda Lane, Nevada City, California
and seized the following assets:
a. 2006 Kubota L3400 Tractor, VIN: 25736;
b. 2008 Honda TRX700XX ATV, VIN: JH2TE36048K003093,
California License Number: 77H59K;
c. 2002 Honda XR650R Motorcycle, VIN: JH2RE01152K300986,
California License Number: 16B7927;
d. 2005 Malibu Wakesetter Motorboat, VIN: MB251799B505,
California CF Number: 5906RD; and
e. 2005 Extreme Carrier Boat Trailer, VIN: 5DBBB25275R000321,
California License Number: 4KP9757.
commenced administrative forfeiture proceedings, sending
direct written notice to all known potential claimants and
publishing notice to all others. On or about December 28,
2011, DEA received a claim from Ethan Lee Stuart
("Stuart") asserting an ownership interest in the
assets listed above.
United States represents that it could show at a forfeiture
trial that on October 12, 2011, law enforcement officers
executed a federal search warrant at 25818 Burda Lane, Nevada
City, California and found indoor and outdoor marijuana
cultivation sites. The indoor marijuana cultivation site was
located inside a greenhouse on the east side of the property
and contained eighteen marijuana plants ranging from ten to
fourteen feet tall. Additionally, agents found manicured
marijuana in the kitchen and refrigerator in the main
residence occupied by Stuart; and numerous boxes of rifle and
pistol ammunition matching the rifle discovered during the
search of the adjacent 25863 Burda Lane, Nevada City,
California - executed simultaneously on October 12, 2011.
Agents discovered additional marijuana stalks in different
stages of preparation - i.e., drying on screens and
trimming/manicuring -in the residence's detached garage.
Agents found a total of 3, 380 pounds of marijuana (total
marijuana plant weight, not just flower and buds) at
Stuart's property, at 25818 Burda Lane in Nevada City,
United States represents that it could further show at a
forfeiture trial that Stuart was in the residence during the
search and told agents that he purchased the property in the
early 2000's with his common law wife, Jamie Crantelle
Merenda ("Merenda"). According to Stuart, he had
occasionally worked construction and grew marijuana. Stuart
acknowledged that he was growing marijuana and that marijuana
proceeds paid for all of his "toys."
United States could further show at a forfeiture trial that
the defendant assets listed above are forfeitable to the
United States pursuant to 21 U.S.C. § 881(a)(6).
Without admitting the truth of the factual assertions
contained above, Stuart specifically denying the same, and
for the purpose of reaching an amicable resolution and
compromise of this matter, potential claimant Stuart agrees
that an adequate factual basis exists to support forfeiture
of the defendant assets. Stuart hereby acknowledges that he
is the sole owner of the defendant assets, and that no other
person or entity has any legitimate claim of interest
therein. Should any person or entity institute any kind of
claim or action ...