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United States v. Glock 32

United States District Court, D. Nevada

February 20, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
GLOCK 32, .357 CALIBER PISTOL (SERIAL NO. LDF747); GLOCK 19 GENERATION 4 9x19 CALIBER PISTOL (SERIAL NO. RGX266); MAVERICK BY MOSSBERG, MODEL 88 12-GAUGE SHOTGUN (SERIAL NO. MV20381P); and DPMS PANTHER ARMS, MODEL A-15, .233-5.56MM RIFLE (SERIAL NO. L4013573), Defendants.

          STEVEN W. MYHRE Acting United States Attorney MICHAEL A. HUMPHREYS Assistant United States Attorney Counsel for the United States

         Default Judgment of Forfeiture as to the Glock 32, .357 caliber pistol (Serial No. LDF747); the Glock 19 Generation 4 9x19 Caliber Pistol (Serial No. RGX266); the Maverick by Mossberg, Model 88 12-Gauge Shotgun (Serial No. MV20381P); the DPMS Panther Arms, Model A-15, .233-5.56mm Rifle (Serial No. L4013573); Edel Mark Villaespin; Marco Antonio Reyes; Thomas Fleetwood; Melissa Angelique Fleetwood; and all Persons or Entities Who May Claim an Interest in the Defendant Property

         I. FACTS

         1. Marco Antonio Reyes was a convicted felon and was on probation when the defendant firearms were seized from his home on December 29, 2016.

         2. As a convicted felon, it was unlawful for Reyes to possess a firearm within or beyond his period of probation.

         3. None of the defendant firearms were manufactured in Nevada.

         II. PROCEDURE

         On June 12, 2017, the United States filed a verified Complaint for Forfeiture in Rem (Complaint) (ECF No. 1), alleging the Glock 32, .357 caliber pistol (Serial No. LDF747); the Glock 19 Generation 4 9x19 Caliber Pistol (Serial No. RGX266); the Maverick by Mossberg, Model 88 12-Gauge Shotgun (Serial No. MV20381P); and the DPMS Panther Arms, Model A-15, .233-5.56mm Rifle (Serial No. L4013573) (defendant property):

a. are firearms that were involved in or used in a knowing violation of 18 U.S.C. § 922(g)(1); and are, therefore, subject to forfeiture pursuant to 18 U.S.C. § 924(d)(1).

         On July 7, 2017, the Court entered an Order for Summonses and Warrants of Arrest in Rem for the Properties and Notice (Order) (ECF No. 3) and the Clerk issued the Summonses and Warrants of Arrest in Rem (Summonses and Warrants) (ECF No. 4).

         Pursuant to the Order (ECF No. 3), the Complaint (ECF No. 1), the Order (ECF No. 3), the Summonses and Warrants (ECF No. 4), and the Notice of Complaint for Forfeiture and Arrest (Notice) (ECF No. 5-1, p. 3 - 5), were served on the defendant property and all persons or entities who may claim an interest in the defendant property. Notice was published according to law.

         Pursuant to Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions (Fed. R. Civ. P. Supp. Rule) G(5), all persons interested in the defendant property were required to: (1) file a verified claim, setting forth the person's or its interest in the property, that (a) identifies the specific interest in the property claimed, (b) identifies the claimant and states the claimant's interest in the property, and (c) is signed by the claimant under penalty of perjury pursuant to 28 U.S.C. § 1746; (2) file the verified claim with the Clerk of the above-entitled Court no later than 35 days after the notice is sent or, if direct notice was not sent, no later than 60 days after the first day of publication on the official internet government forfeiture site, www.forfeiture.gov; (3) file an answer to the Complaint or a motion under Rule 12 with the Clerk of the Court, Lloyd D. George United States Courthouse, 333 Las Vegas Boulevard South, Las Vegas, NV 89101, no later than 21 days after filing the verified claim; and (4) serve a copy of the verified claim and the answer at the time of each filing on Michael A. Humphreys, Assistant United States Attorney, 501 Las Vegas Boulevard South, Suite 1100, Las Vegas, Nevada 89101. Complaint, ECF No. 1; Order, ECF No. 3; Summonses and Warrants, ECF No. 4; Notice, ECF No. 5-1, p. 3 - 5.

         On July 26, 2017, the Bureau of Alcohol, Tobacco, Firearms and Explosives served the Complaint, the Order, the Summonses and Warrants, and the Notice by executing them on the defendant property. Notice of Filing Service of Process, ECF No. 5.

         Public notice of the forfeiture action and arrest was given to all persons and entities by publication via the official internet government forfeiture site, www.forfeiture.gov, from August 2, 2017, through August 31, 2017, and October 17, 2017, through ...


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