United States District Court, D. Nevada
W. MYHRE Acting United States Attorney MICHAEL A. HUMPHREYS
Assistant United States Attorney Counsel for the United
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
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.
of the defendant firearms were manufactured in Nevada.
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).
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.
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.
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.
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.
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 ...