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United States v. Patton

United States District Court, D. Nevada

July 10, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
DEANDRE PATTON, Defendant.

          ORDER

         Amended Final Order of Forfeiture The United States District Court for the District of Nevada entered a Preliminary Order of Forfeiture pursuant to Fed. R. Crim. P. 32.2(b)(1) and (2) and Title 18, United States Code, Section 924(d)(1) and (3) with Title 28, United States Code, Section 2461(c), based upon the jury verdict finding defendant Deandre Patton guilty of the criminal offenses, forfeiting specific property set forth in the Forfeiture Allegation of the Criminal Indictment and shown by the United States to have the requisite nexus to the offenses to which defendant Deandre Patton was found guilty. Criminal Indictment, ECF No. 37; Minutes of Jury Trial, ECF No. 484; Verdict Form, ECF No. 486; Preliminary Order of Forfeiture, ECF No. 507.

         This Court finds that the United States of America may amend this order at any time to add subsequently located property or substitute property to the forfeiture order pursuant to Fed. R. Crim. P. 32.2(b)(2)(C) and 32.2(e).

         This Court finds the United States of America published the notice of forfeiture in accordance with the law on June 14, 2010, June 21, 2010, and June 28, 2010, in the Las Vegas Review-Journal/Sun; and via the official government internet forfeiture site, www.forfeiture.gov, consecutively from May 17, 2010, through June 15, 2010, notifying all potential third parties of their right to petition the Court. Notice of Filing Proof of Publication, ECF No. 520.

         This Court finds the United States of America notified known third parties by personal service, or by regular mail and certified mail return receipt requested, of their right to petition the Court. Notice of Filing Service of Process - Personal Service, ECF Nos. 534, 535, 536, 537, and 546.

         On July 21, 2010, the United States Marshals Service personally served Kelly Cam witii copies of the Preliminary Orders of Forfeiture, the Notice, and the Petition, Stipulation for Return of Property and Order. Notice of Filing Service of Process as to Kelly Cam, ECF No. 534.

         On August 23, 2010, the United States Marshals Service attempted to personally serve; Bradley Moore with copies of the Preliminary Orders of Forfeiture, the Notice, and the Petition, Stipulation for Return of Property and Order. Notice of Filing Service of Process as to Bradley Moore, ECF No. 535.

         On July 21, 2010, the United States Marshals Service served Roderick Jones by regular mail and certified mail return receipt requested with copies of the Preliminary Orders of Forfeiture and the Notice. Notice of Filing Service of Process as to Roderick Jones, ECF No. 536.

         On July 21, 2010, the United States Marshals Service served John Matsubayashi by regular mail and certified mail return receipt requested with copies of the Preliminary Orders of Forfeiture, the Notice, and the Petition, Stipulation for Return of Property and Order. Notice of Filing Service of Process as to John Matsubayashi, ECF No. 537.

         On November 1, 2010, the United States Marshals Service personally served Bradley Moore with copies of the Preliminary Orders of Forfeiture, the Notice, and the Petition, Stipulation for Return of Property and Order. Notice of Filing Service of Process as to Bradley Moore, ECF No. 546.

         On September 8, 2010, the United States filed the Petition, Stipulation for Return of Property and Order as to Kelly Cam (ECF No. 533). On September 13, 2010, the Court granted the Stipulation for Return of Property and Order as to Kelly Cam (ECF No. 538).

         On November 5, 2010, the United States filed the Petition, Stipulation for Return of Property and Order as to Bradley Moore (ECF No. 547). On November 9, 2010, the Court granted the Petition, Stipulation for Return of Property and Order as to Bradley Moore (ECF No. 551).

         This Court finds no other petition 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 property named herein and the time for presenting such petitions has expired.

         THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that all possessory rights, ownership rights, and all rights, titles, and interests in the property hereinafter described are condemned, forfeited, and vested in the United 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) with Title 28, United States Code, ...


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