Opinion
CR24-019-RAJ
07-12-2024
UNITED STATES OF AMERICA, Plaintiff, v. BLAKE L. KIRVIN, Defendant
FINAL ORDER OF FORFEITURE
Honorable Richard A. Jones, United States District Judge
THIS MATTER comes before the Court on the United States' Motion for a Final Order of Forfeiture (“Motion”) for the following property (“Subject Property”):
a. One Glock 17 Gen4 semi-automatic pistol, bearing serial number BGRX566, and any associated ammunition, including but not limited to:
1) Approximately 26 rounds of ammunition contained in an extended capacity magazine;
2) Any ammunition contained in a black Ruger firearm magazine;
3) Approximately 11 loose rounds of .22 caliber ammunition; and
4) Any other associated ammunition.
The Court, having reviewed the United States' Motion, as well as the other pleadings and papers filed in this matter, hereby FINDS entry of a Final Order of Forfeiture is appropriate for the following reasons:
• On April 10. 2024, the Court entered a Preliminary Order of Forfeiture finding the Subject Property forfeitable pursuant to 18 U.S.C. § 924(d)(1), by way of 28 U.S.C. § 2461(c), and forfeiting the Defendant's interest in it, Dkt. No. 16;
• Thereafter, the United States published notice of the pending forfeitures as required by 21 U.S.C. § 853(n)(1) and Federal Rule of Criminal Procedure 32.2(b)(6)(C), Dkt. No. 26, and provided direct notice to two potential claimants as required by Fed. R. Crim. P. 32.2(b)(6)(A), see Declaration of AUSA Jehiel I. Baer in Support of Motion for a Final Order of Forfeiture ¶ 2, Exhibits A & B; and
• The time for filing third-party claims has expired, and no such claims were filed for the Subject Property.
NOW, THEREFORE, THE COURT ORDERS:
1. No right, title, or interest in the Subject Property exists in any party other than the United States;
2. The Subject Property is fully and finally condemned and forfeited, in its entirety, to the United States; and
3. The United States Department of Justice, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and/or its representatives, are authorized to dispose of the Subject Property as permitted by governing law.
IT IS SO ORDERED.