IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

UNITED STATES OF AMERICA, )

)

PLAINTIFF, )

)

v. ) CIVIL ACTION NO. 2:06cv754-WC

)

TWO THOUSAND NINE HUNDRED )

THIRTY FIVE ($2,935) 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, Warrant and Summons for Arrest In Rem, and

Stipulation for Compromise Settlement between the United States and

Claimant Eddie Love. The Stipulation for Compromise Settlement is

attached hereto and incorporated herein.

A proposed Decree of Forfeiture is submitted herewith.

Respectfully submitted this 5 day of March, 2007. th

Case 2:06-cv-00754-WC Document 17 Filed 03/05/2007 Page 1 of 2
FOR THE UNITED STATES ATTORNEY

 LEURA G. CANARY

/s/John T. Harmon 

John T. Harmon

Assistant United States Attorney

Office of the United States Attorney

Middle District of Alabama

One Court Square, Suite 201 (36104)

Post Office Box 197

Montgomery, Alabama 36101-0197

Telephone:(334) 223-7280

Facsimile:(334) 223-7560

E-mail: John.Harmon@usdoj.gov

Bar Number: 7068-II58J

CERTIFICATE OF SERVICE

I hereby certify that on March 5, 2007, I electronically filed

the foregoing Motion for Decree of Forfeiture with the Clerk of the

Court using the CM/ECF system which will send notification of such

filing to the following: John I. Cottle, III.

/s/John T. Harmon 

John T. Harmon

Assistant United States Attorney

Case 2:06-cv-00754-WC Document 17 Filed 03/05/2007 Page 2 of 2
IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

UNITED STATES OF AMERICA, 

PLAINTIFF, ) 

V. ) CIVIL ACTION NO. 2:06cv754-WC 

TWO THOUSAND NINE HUNDRED 

THIRTY FIVE ($2,935) DOLLARS ) 

IN UNITED STATES CURRENCY, 

DEFENDANT. 

STIPULATION FOR COMPROMISE SETTLEMENT 

It is hereby stipulated by and between the United States of 

America (United States), by and through Leura G. Canary, United 

States Attorney, Middle District of Alabama, and Claimant Eddie 

Love (Claimant) by and through his respective attorney, as follows: 

1. The parties do hereby agree to settle and compromise the 

above-entitled action upon the terms indicated below. 

2. Claimant consents to the entry of a Decree of Forfeiture 

forfeiting One Thousand Four Hundred Sixty Seven and 50/100 Dollars 

($1,467.50), one half of the Defendant currency, to the United 

States to be disposed of according to law. 

3. The United States agrees to release One Thousand Four 

Hundred Sixty Seven and 50/100 Dollars ($1,467.50), the remaining 

one half of the Defendant currency, to Claimant's attorney, John I. 

Cottle, 111. 

4. Claimant releases the United States; the State of 

Alabama; and all entities and authorities established within the 

Case 2:06-cv-00754-WC Document 17-2 Filed 03/05/2007 Page 1 of 3
State of Alabama and the agents, employees, assigns, and servants 

of the above described governments, entities and authorities, from 

any and all actions, causes of action, suits, proceedings, debts, 

dues, contracts, judgments, damages, claims, and/or demands 

whatsoever in law or equity which Claimant, Claimant's heirs, 

successors, or assigns ever had, now have, or may have in the 

future in connection with the seizure, detention, and forfeiture of 

the Defendant currency. The Claimant expressly waives the recovery 

of attorney's fees, costs and expenses by any legal action or by 

any act or law of the United States, including, but not limited to, 

28 U.S.C. S 2412. The Claimant also agrees that this express 

waiver in no way limits the scope and application of the general 

waiver above. 

5. The parties agree that this is a compromise settlement of 

disputed claims and that by entering into this settlement neither 

party admits wrongdoing or liability on any basis. 

6. Each party will bear its own costs. 

7. Claimant expressly reserves the right to pursue recovery 

of his automobile from the State of Alabama which was seized at the 

same time the seizure of the currency occurred. 

Case 2:06-cv-00754-WC Document 17-2 Filed 03/05/2007 Page 2 of 3
FOR THE UNITED STATES ATTORNEY 

LEURA G. CANARY 

Date: dd= 

Usistant United States Attorney 

Attorney for Plaintiff 

United States of America 

Date: 2/23/0 cud&= 

~0fi I. COTTLE, I11 (COT004) 

~tkorne~ for claimant Eddie Love 

Address of Counsel: 

For the United States: 

Office of the United States Attorney 

Middle District of Alabama 

One Court Square, Suite 201 (36104) 

Post Office Box 197 

Montgomery, Alabama 36101-0197 

Telephone: (334) 223-7280 

Facsimile: (334) 223-7560 

E-mail: John.Harmon@usdoi.uov 

For Claimant: 

Bowles & Cottle 

2 South Dubois Avenue 

Post Office Box 780397 

Tallassee, Alabama 36078 

Telephone: (334) 283-6548 

Facsimile: (334) 283-5366 

E-mail: BowlesandCottle@aol.com 

Case 2:06-cv-00754-WC Document 17-2 Filed 03/05/2007 Page 3 of 3
IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

UNITED STATES OF AMERICA, )

)

PLAINTIFF, )

)

v. ) CIVIL ACTION NO. 2:06cv754-WC

)

TWO THOUSAND NINE HUNDRED )

THIRTY FIVE ($2,935) DOLLARS )

IN UNITED STATES CURRENCY, )

)

DEFENDANT. )

DECREE OF FORFEITURE

On August 23, 2006, a Verified Complaint for Forfeiture In Rem

against the Defendant Two Thousand Nine Hundred Thirty Five Dollars

($2,935.00) in United States currency was filed on behalf of the

United States of America (United States). The Complaint alleges

that the Defendant currency was used or intended to be used in

exchange for controlled substances, or represents proceeds of

trafficking in controlled substances, or was used or intended to be

used to facilitate the commission of a violation of Title II of the

Controlled Substances Act, 21 U.S.C. §§ 801 et seq.; therefore, the

Defendant currency is subject to forfeiture to the United States

pursuant to 21 U.S.C. § 881(a)(6).

It appearing that process was fully issued in this action and

returned according to law;

That pursuant to a Warrant and Summons for Arrest In Rem

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

Case 2:06-cv-00754-WC Document 17-3 Filed 03/05/2007 Page 1 of 3
Middle District of Alabama arrested the Defendant currency on

August 31, 2006;

That on September 14, 21 and 28, 2006, notice of the action

was published in the Montgomery Advertiser newspaper;

That on September 14, 2006, Linda Newkirk, secretary at the

law office of Bowles and Cottle, was personally served by the

United States Marshals Service with a copy of the Verified

Complaint for Forfeiture In Rem and Warrant and Summons for Arrest

In Rem;

That on September 18, 2006, Eddie Love filed an Answer and

Verified Statement Identifying Interest in Seized Property, within

the time permitted by Rule G of the Supplemental Rules for

Admiralty or Maritime and Asset Forfeiture Claims;

That on March 5, 2007, the United States and Claimant Eddie

Love entered into a Stipulation for Compromise Settlement in which

Claimant consented to entry of a Decree of Forfeiture forfeiting

One Thousand Four Hundred Sixty Seven and 50/100 Dollars

($1,467.50), one half of the Defendant currency, to the United

States. The United States agreed to release the One Thousand Four

Hundred Sixty Seven and 50/100 Dollars ($1,467.50), the remaining

one half of the Defendant currency, to Claimant’s attorney, John I.

Cottle, III;

That no other claim or answer has been filed on behalf of any

other party.

Case 2:06-cv-00754-WC Document 17-3 Filed 03/05/2007 Page 2 of 3
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 One Thousand Four Hundred Sixty Seven and 50/100 Dollars

($1,467.50) Dollars, one half of the Defendant currency, is

forfeited to the United States and no right, title or interest in

the Defendant currency shall exist in any other party and it shall

be disposed of according to law;

That One Thousand Four Hundred Sixty Seven and 50/100 Dollars

($1,467.50), the remaining one half of the Defendant currency,

shall be released to Claimant’s attorney, John I. Cottle, III; and,

That each party will bear its own costs. 

DONE this the day of , 2007.

 

 UNITED STATES MAGISTRATE JUDGE

Case 2:06-cv-00754-WC Document 17-3 Filed 03/05/2007 Page 3 of 3