IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

UNITED STATES OF AMERICA, )

)

Plaintiff, )

)

v. ) Case No. 2:06cv-736-WKW

)

SEVENTY FOUR THOUSAND SEVEN )

HUNDRED ($74,700) DOLLARS IN )

UNITED STATES CURRENCY, )

)

Defendant. )

MOTION FOR DECREE OF FORFEITURE

Pursuant to the Federal Rules of Civil Procedure and Rule G

of the Supplemental Rules for Admiralty or Maritime and Asset

Forfeiture Claims, the United States of America (United States)

respectfully moves this Court for entry of a Decree of Forfeiture.

This Motion is supported by the previously filed Verified Complaint

for Forfeiture In Rem (Doc. #1), Warrant and Summons for Arrest In

Rem (Doc. #2), and Memorandum Opinion and Order dated April 18,

2008, forfeiting the defendant currency to the United States (Doc.

#44).

A proposed Decree of Forfeiture is submitted herewith.

Respectfully submitted this the 24 day of April, 2008. th

Case 2:06-cv-00736-WKW-SRW Document 46 Filed 04/24/2008 Page 1 of 2
LEURA G. CANARY

UNITED STATES ATTORNEY

/s/Tommie Brown Hardwick

TOMMIE BROWN HARDWICK

Assistant United States Attorney

Bar Number: ASB4152 W86T

131 Clayton Street

Montgomery, Alabama 36104

Phone: (334) 223-7280

Fax: (334) 223-7135

E-mail: tommie.hardwick@usdoj.gov

CERTIFICATE OF SERVICE

I hereby certify that on April 24, 2008, I electronically

filed the foregoing with the Clerk of the Court using the CM/ECF

system which will send notification of such filing to the

following: Bruce Maddox.

Respectfully submitted,

/s/Tommie Brown Hardwick

TOMMIE BROWN HARDWICK

Assistant United States Attorney

Case 2:06-cv-00736-WKW-SRW Document 46 Filed 04/24/2008 Page 2 of 2
IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

UNITED STATES OF AMERICA, )

)

Plaintiff, )

)

v. ) Case No. 2:06cv-736-WKW

)

SEVENTY FOUR THOUSAND SEVEN )

HUNDRED ($74,700) DOLLARS IN )

UNITED STATES CURRENCY, )

)

Defendant. )

DECREE OF FORFEITURE

Before the Court is the United States of America’s (“United

States”) Motion for Decree of Forfeiture.

On August 15, 2006, the United States filed a complaint of

forfeiture pursuant to 21 U.S.C. § 881(a)(6), alleging that the

Seventy-Four Thousand Seven Hundred Dollars ($74,700) in United

States currency (“Defendant currency”) constituted monies

furnished, or intended to be furnished, in exchange for controlled

substances, or represented the proceeds of trafficking in

controlled substances or was used or intended to be used to

facilitate violations of 21 U.S.C. §§ 801 et seq. (Doc. #1).

It appearing that process was fully issued in this action and

returned according to law:

Pursuant to a Warrant and Summons for Arrest In Rem (Doc. #2)

issued by this Court, the United States Marshals Service for the

Middle District of Alabama arrested the Defendant currency on

August 30, 2006 (Doc. #3);

Case 2:06-cv-00736-WKW-SRW Document 46-2 Filed 04/24/2008 Page 1 of 4
2

On September 1, 2006, a United States Marshal personally

served Lindsey Barron, at the law office of Bruce Maddox, with

copies of the Verified Complaint for Forfeiture In Rem and Warrant

and Summons for Arrest In Rem (Doc. #5);

On September 6, 2006, a United States Marshal personally

served George Jones, III with copies of the Verified Complaint for

Forfeiture In Rem and Warrant and Summons for Arrest In Rem (Doc.

#4);

On September 14, 21 and 28, 2006, notice of this action was

published in the Montgomery Advertiser newspaper (Doc. #10);

On September 20, 2006, George Jones (“Claimant”) filed a claim

to the Defendant currency (Doc. #6);

On February 1, 2006, Claimant filed an answer to the Verified

Complaint for Forfeiture In Rem (Doc. #7);

On November 15, 2006, this Court entered its Uniform

Scheduling Order setting this matter for non-jury trial during the

term of court commencing June 4, 2007 (Doc. #11);

On January 8, 2007, the United States filed a motion to

continue pretrial conference (Doc. #12);

On January 10, 2007, Claimant filed a motion to stay

proceedings (Doc. #13);

On February 2, 2007, this Court entered an Order denying the

motion to stay proceedings (Doc. #13), granting the motion to

continue pretrial conference (Doc. #12), and continuing the nonCase 2:06-cv-00736-WKW-SRW Document 46-2 Filed 04/24/2008 Page 2 of 4
3

jury trial of this matter to the term of court commencing October

15, 2007 (Doc. #14);

On February 26, 2007, Claimant filed a motion to suppress

certain evidence and statements arising out of his arrest, search

of his residence, and subsequent interrogation (Doc. #15);

On May 21, 2007, the United States filed its brief in

opposition to Claimant’s motion to suppress (Doc. #18);

On September 6, 2007, the court held a hearing on the motion

to suppress (Doc. #15);

On September 17, 2007, Claimant filed his brief in support of

motion to suppress (Doc. #26);

On September 17, 2007, the United States filed its brief in

opposition to claimant’s motion to suppress (Doc. #27);

On September 28, 2007, the Claimant’s motion to suppress was

denied (Doc. #28);

On October 17, 2007, the parties stipulated to submit the

matter to the court for a decision based upon the transcript of the

suppression hearing and the trial briefs (Doc. #38);

On October 29, 2007, the parties submitted their trial briefs

(Docs. #40 and #41);

On April 18, 2008, having considered all the evidence before

it, this Court entered its Memorandum Opinion and Order forfeiting

the Defendant currency to the United States (Doc. #44).

Case 2:06-cv-00736-WKW-SRW Document 46-2 Filed 04/24/2008 Page 3 of 4
4

No other claim or answer has been filed on behalf of any other

party.

Now, therefore, on motion of the United States for a Decree of

Forfeiture and for good cause otherwise shown, it is hereby

ORDERED, ADJUDGED and DECREED:

That the Defendant Seventy Four Thousand Seven Hundred

($74,700) Dollars in United States currency is forfeited to the

United States, to be disposed of according to law, and no right,

title or interest in the Defendant currency shall exist in any

other party.

That each party will bear its own costs.

DONE this the ______ day of ________________, 2008.

 

 UNITED STATES DISTRICT JUDGE

Case 2:06-cv-00736-WKW-SRW Document 46-2 Filed 04/24/2008 Page 4 of 4