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DEFAULT JUDGMENT OF FORFEITURE - 1

(C05-5770RJB)

UNITED STATES ATTORNEY

700 STEWART STREET, SUITE 5220

SEATTLE, WASHINGTON 98101-1271

(206) 553-7970

Judge Bryan

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT TACOMA

UNITED STATES OF AMERICA, 

Plaintiff,

v.

MOSSBERG R22 LR RIFLE, 

Serial Number: NSN

WINCHESTER 1917 RIFLE, 

Serial Number: 35673,

MARLIN FIREARMS 1917 RIFLE, 

Serial Number: 14477304, and 

AMMUNITION, 

Defendants. 

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NO. C05-5770RJB

DEFAULT JUDGMENT OF

FORFEITURE

Plaintiff, United States of America, filed its Verified Complaint for Forfeiture of

the defendant Mossberg R22 LR Rifle, Serial Number: NSN; the Winchester 1917 Rifle,

Serial Number 35673; the Marlin Firearms 1917 Rifle, Serial Number: 14477304; and

Ammunition on December 5, 2005, pursuant to Title 18, United States Code, Section

924(d) for violation of Title 18, United States Code, Section 922(g)(1).

Notice of the forfeiture action was published in the Daily Journal of Commerce on

February 8, February 15, and February 22, 2006. All interested persons were advised to

file their claims pursuant to Supplemental Rule C(6) of the Federal Rules of Civil

Procedure with the Clerk of the Court within thirty (30) days after the date of the

Case 3:05-cv-05770-RJB Document 14 Filed 04/24/06 Page 1 of 3
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DEFAULT JUDGMENT OF FORFEITURE - 2

(C05-5770RJB)

UNITED STATES ATTORNEY

700 STEWART STREET, SUITE 5220

SEATTLE, WASHINGTON 98101-1271

(206) 553-7970

publication and to serve their Answers to the Complaint within twenty (20) days after the

filing of a claim. 

In addition, Plaintiff has served the Complaint, Notice of this action, and Warrant

of Arrest on John McNew and all identified potential claimants to the defendant

Mossberg R22 LR Rifle, Serial Number: NSN; the Winchester 1917 Rifle, Serial Number

35673; the Marlin Firearms 1917 Rifle, Serial Number: 14477304; and Ammunition.

On April 19, 2006, on application of the United States, the Clerk of the Court

entered an Order of Default as to the defendant Mossberg R22 LR Rifle, Serial Number:

NSN; the Winchester 1917 Rifle, Serial Number 35673; the Marlin Firearms 1917 Rifle,

Serial Number: 14477304; and Ammunition against John McNew and any unknown

persons who failed to file a claim.

More than thirty (30) days have elapsed since all possible claimants were served

with the Complaint for Forfeiture and related documents. In addition, more than thirty

(30) days have elapsed since the date notice of this action was published.

No other parties have filed claims and the time allowed for filing of such claims

has expired.

Now, therefore, on motion of the Plaintiff, the United States of America, for a

Default Judgment of Forfeiture, it is hereby

ORDERED, ADJUDGED and DECREED as follows:

1. This Court has jurisdiction over this action under Title 28, United States

Code, Sections 1345,1355, 1395 and Title 18, United States Code, Section 922 and 924

and venue pursuant to Title 28, United States Code, Section 1395.

2. The defendant Mossberg R22 LR Rifle, Serial Number: NSN; the

Winchester 1917 Rifle, Serial Number 35673; the Marlin Firearms 1917 Rifle, Serial

Number: 14477304; and Ammunition, are hereby forfeited to the United States of

America, and no right, title or interest in the above-described defendant firearms and

ammunition shall exist in any other party.

3. The Bureau of Alcohol, Tobacco, Firearms and Explosives shall

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DEFAULT JUDGMENT OF FORFEITURE - 3

(C05-5770RJB)

UNITED STATES ATTORNEY

700 STEWART STREET, SUITE 5220

SEATTLE, WASHINGTON 98101-1271

(206) 553-7970

dispose of the above-described firearms and ammunition in accordance with the law.

4. The Clerk of the Court shall deliver twelve (12) raised seal, certified copies

of the Default Judgment of Forfeiture to the United States Attorney’s Office in Seattle,

Washington.

DATED this 24th day of April, 2006.

ARobert J. Bryan

United States District Judge 

Presented by:

 /s/ Richard E. Cohen 

RICHARD E. COHEN

Assistant United States Attorney

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

206-553-2242

206-553-6934 (fax)

Richard.E.Cohen@usdoj.gov

 

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