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McGREGOR W. SCOTT

United States Attorney

KRISTIN S. DOOR, SBN 84307

Assistant U.S. Attorney

501 I Street, Suite 10-100

Sacramento, CA 95814

Telephone: (916) 554-2723

Attorney for Plaintiff

IN THE UNITED STATES DISTRICT COURT FOR THE 

EASTERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,

Plaintiff,

v.

APPROXIMATELY $9,101.00 IN U.S.

CURRENCY,

2000 TOYOTA TUNDRA, VIN:

5TBRT341XYS004769, CALIFORNIA

LICENSE NUMBER 6B33013,

Defendants.

2:04-CV-1896 MCE/DAD

FINAL JUDGMENT OF FORFEITURE

Pursuant to the Stipulation for Final Judgment of

Forfeiture, the Court finds as follows:

1. This is a civil forfeiture action against approximately

$9,101.00 in U.S. Currency seized from claimant's residence in

San Bernadino County on February 17, 2004 by the California

Bureau of Narcotics Enforcement ("BNE"), and a 2000 Toyota Tundra

seized from claimant in Shasta County by BNE on February 17,

2004. Both seizures were adopted by the United States Drug

Enforcement Administration on March 12, 2004. 

2. A Complaint for Forfeiture In Rem was filed on or about

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September 10, 2004, seeking the forfeiture of the defendant

currency and the truck, alleging that said currency is subject to

forfeiture to the United States pursuant to 21 U.S.C. §

881(a)(6), and that the truck is subject to forfeiture pursuant

to 21 U.S.C. § 881(a)(4). 

3. On or about September 10, 2004, the Court issued a

Warrant of Arrest In Rem for the defendant currency and the

defendant truck and that warrant was duly executed on or about

September 28, 2004.

4. On or about September 14, 2004, copies of the Complaint

for Forfeiture In Rem, Summons and Warrant of Arrest In Rem,

Affidavit, Application and Order for Publication, and court

notices were served by certified mail on claimant.

5. On or about November 30, December 7, and December 14,

2004, a Public Notice of Arrest of defendant currency and truck

appeared by publication in the Record Searchlight, a newspaper of

general circulation in Shasta County. On or about January 26,

2005, a Public Notice of Arrest of defendant currency and truck

appeared by publication in The Sun, a newspaper of general

circulation in San Bernadino County. The Proofs of Publication

were filed with the Court on January 18, 2005 (The Record

Searchlight) and February 9, 2005 (The Sun). 

6. Other than claimant, no other parties have filed claims

or answers in this matter, and the time for which any person or

entity may file a claim and answer has expired. 

Based on the above findings, and the Court being otherwise

fully advised in the premises, it is hereby

ORDERED AND ADJUDGED;

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1. That the Court adopts the Stipulation for Final

Judgment of Forfeiture entered into by and between the parties to

this action.

2. That judgment is hereby entered against claimant Steven

Caballero and all other potential claimants who have not filed

claims in this action.

3. That all right, title, and interest in the defendant

currency, together with any interest that may have accrued, is

hereby forfeited to the United States pursuant to 21 U.S.C. §

881(a)(6).

4. That the United States Marshals Service shall return

the defendant truck to claimant herein within 60 days after entry

of this Final Judgment of Forfeiture. The U.S. Marshals Service

will make arrangements for the return of the truck in

consultation with claimant's attorney, John Cogorno. The

claimant will be responsible for any expenses, including but not

limited to travel expenses, he may incur in taking possession of

the defendant truck.

5. That plaintiff United States of America and its

servants, agents, and employees and all other public entities,

their servants, agents, and employees, are released from any and

all liability arising out of or in any way connected with the

arrest/seizure or forfeiture of defendant currency, and arising

out of or in any way connected with the arrest/seizure of the

defendant truck. This is a full and final release applying to

all unknown and unanticipated injuries, and/or damages arising

out of said arrest/seizure or forfeiture, as well as to those now

known or disclosed. The parties to this agreement waive the

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provisions of California Civil Code § 1542.

6. That claimant waives any and all claim or right to

interest that may have accrued on the defendant currency. 

7. That pursuant to the stipulation of the parties, and

allegations set forth in the Complaint for Forfeiture In Rem

filed on September 10, 2004, the Court finds that there was

reasonable cause for the seizure of the defendant currency and

the defendant truck, and a Certificate of Reasonable Cause

pursuant to 28 U.S.C. § 2465 shall be entered accordingly.

8. That all parties are to bear their own costs and

attorney fees.

DATED: November 17, 2005

_____________________________

MORRISON C. ENGLAND, JR

UNITED STATES DISTRICT JUDGE

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CERTIFICATE OF REASONABLE CAUSE

Pursuant to the Stipulation for Final Judgment of Forfeiture

filed herein and the allegations set forth in the Complaint for

Forfeiture In Rem filed September 10, 2004, the Court enters this

Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465,

that there was reasonable cause for the seizure of the defendant

currency and the defendant truck.

Dated: November 17, 2005

___________________________________

MORRISON C. ENGLAND, JR

UNITED STATES DISTRICT JUDGE

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