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United States of America v. Deniro Westfield

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA


May 14, 2013

UNITED STATES OF AMERICA, PLAINTIFF,
v.
DENIRO WESTFIELD, DEFENDANT.

AMENDED FINAL ORDER OF FORFEITURE

On July 5, 2011, the United States District Court for the District of Nevada entered a Order of Forfeiture pursuant to Fed. R. Crim. P. 32.2(b)(1) and (2); Title 18, United Code, Section 924(d)(1) and Title 28, United States Code, Section 2461(c) based upon the of guilty by defendant DENIRO WESTFIELD to the criminal offense, forfeiting specific alleged in the Criminal Indictment and agreed to in the Plea Memorandum and shown by United States to have the requisite nexus to the offense to which defendant DENIRO pled guilty. Criminal Indictment, ECF No. 1; Change of Plea Minutes, ECF No. 20; Plea Memorandum, ECF No. 21; Preliminary Order of Forfeiture, ECF No. 22.

This Court finds the United States of America published the notice of the forfeiture in accordance with the law via the official government internet forfeiture site, www.forfeiture.gov, from July 13, 2011, through August 11, 2011, notifying all third parties of their right to petition the Court. Notice of Filing Proof of Publication, ECF No. 23.

On January 8, 2013, the United States Marshals Service personally served Summer Parke the Preliminary Order of Forfeiture and the Notice. Notice of Filing Service of Process, ECF

On March 22, 2013, the United States Marshals Service served CT Corporation System,

Agent for the Allstate Corporation, with the Preliminary Order of Forfeiture and the via Regular Mail and Certified Mail, return receipt requested. Notice of Filing Service of Process, ECF No. 32, pgs. 3-19.

On March 22, 2013, the United States Marshals Service served Thomas J. Wilson, CEO of Allstate Corporation, with the Preliminary Order of Forfeiture and the Notice via Regular Mail Certified Mail, return receipt requested. Notice of Filing Service of Process, ECF No. 32, pgs. 20-27. Notice of Filing Service of Process, ECF No. 33, pgs. 1-12.

On March 22, 2013, the United States Marshals Service served Allstate Southwest Regional with the Preliminary Order of Forfeiture and the Notice via Regular Mail and Certified

Mail, return receipt requested. Notice of Filing Service of Process, ECF No. 32, pgs. 28-44.

On March 22, 2013, the United States Marshals Service served Allstate Insurance, Attn:

Paradise, with the Preliminary Order of Forfeiture and the Notice via Regular Mail and

Mail, return receipt requested. Notice of Filing Service of Process, ECF No. 32, pgs. 45-

On January 31, 2013, Summer D. Jaques (maiden name Summer D. Parke) filed a Claim the court. On February 25, 2013, the Government filed an Unopposed Motion to Continue the Date to Respond to Summer Jaques' Motion for Return of Property (ECF No. 30). On February 26, the Order Granting the Unopposed Motion to Continue the Date to Respond to Summer Motion for Return of Property was entered (ECF No. 31). On April 19, 2013, the Petition, for Return of Property and Order was filed with the court (ECF No. 34). On April 25, 2013, the Order Granting the Petition, Stipulation for Return of Property was entered (ECF No. 35).

This Court finds no other petitions were filed herein by or on behalf of any person or entity and the time for filing such petitions and claims has expired.

This Court finds no petitions are pending with regard to the assets named herein and the time for presenting such petitions has expired.

THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that all right, and interest in the property hereinafter described is condemned, forfeited, and vested in the

States of America pursuant to Fed. R. Crim. P. 32.2(b)(4)(A) and (B); Fed. R. Crim. P.

32.2(c)(2); Title 18, United States Code, Section 924(d)(1) and Title 28, United States Code, Section and Title 21, United States Code, Section 853(n)(7) and shall be disposed of according to

1. Glock, Model 19, .9mm caliber handgun, serial number GVM864; and

2. any and all ammunition ("property").

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that any and all forfeited funds, including but not limited to, currency, currency equivalents, certificates of deposit, as well as income derived as a result of the United States of America's management of any property herein, and the proceeds from the sale of any forfeited property shall be disposed of according to law.

The Clerk is hereby directed to send copies of this Order to all counsel of record and three certified copies to the United States Attorney's Office.

UNITED STATES DISTRICT JUDGE

PROOF OF SERVICE

I, Michelle C. Lewis, Paralegal Specialist, certify that the following individuals were served a copy of the Amended Final Order of Forfeiture on May 15, 2013, by the below identified method of service:

CM/ECF:

Damian R. Sheets Mayfield Gruber & Sheets 551 Gass Avenue Las Vegas, NV 89101 Email: dsheets@defendingnevada.com Counsel for Deniro Westfield

/s/ Michelle C. Lewis Michelle C. Lewis Paralegal Specialist

20130514

© 1992-2013 VersusLaw Inc.



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