Free Motion for Forfeiture of Property - District Court of Colorado - Colorado

Case 1:04-cr-00103-REB

Document 1206

Filed 05/23/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 04-cr-00103-REB-05 UNITED STATES OF AMERICA, Plaintiff, v. 5. JANNICE McLAIN SCHMIDT, Defendant. __________________________________________________________________ _____________________________________________________________________ UNCONTESTED MOTION FOR FINAL ORDER OF FORFEITURE _____________________________________________________________________ COMES NOW the United States of America, by and through Assistant United States Attorney James S. Russell, and moves this Court to enter a Final Order of Forfeiture in this case pursuant to 18 U.S.C. §982, incorporating 21 U.S.C. §853. In support, Plaintiff states: 1. On May 5, 2006 this Court entered a Preliminary Order of Forfeiture (ECF

Docket # 740) forfeiting all of defendants' interest in the following property: Township 27 North, Range 5 Est, 6th P.M. Section 27: Se/4 Antelope County, Nebraska Parcel No. 000 38 63 00 2. The United States Marshals Service (USMS) executed the Preliminary

Order of Forfeiture by posting notice of the forfeiture on the subject real property, as

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Case 1:04-cr-00103-REB

Document 1206

Filed 05/23/2007

Page 2 of 3

evidenced by the Process Receipt and Return previously filed (Docket # 999). 3. USMS published notice of the forfeiture in a newspaper of general

circulation via The Neligh News for four consecutive weeks on September 13, 20, and 27; and October 4, 2006, as evidenced by the Process Receipt and Return previously filed (Docket # 998). The notice stated that any persons claiming an interest in any of the subject property must file his claim withing 30 days from the last date of publication. 4. To date, the only party to have filed a Claim and Petition for Adjudication

of Interest, is the current lienholder Midwest Bank N.A., Plainview National Bank (Midwest Bank). The United States and Midwest Bank have entered into a Stipulated Expedited Settlement Agreement filed contemporaneously herewith. Pursuant to the terms of the Agreement the United States will satisfy the amounts owing Midwest Bank from and to the extent of the proceeds, if any, of the sale of the property. WHEREFORE, the United States moves this Court for entry of the Final Order of Forfeiture tendered herewith in accordance with 18 U.S.C. §982, incorporating 21 U.S.C. §853. Respectfully submitted this 23rd day of May, 2007. TROY A. EID United States Attorney s/James S. Russell James S. Russell Assistant United States Attorney 1225 17th Street, Suite 700 Denver, CO 80202 Phone: (303) 454-0100 Fax: (303) 454-0402 email: [email protected] -2-

Case 1:04-cr-00103-REB

Document 1206

Filed 05/23/2007

Page 3 of 3

CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on this 23rd day of May, 2007, I electronically filed the foregoing MOTION FOR FINAL ORDER OF FORFEITURE with the Clerk of Court using the ECF system which will send notification of such filing to the following e-mail address: Daniel T. Smith, Esq. [email protected]

Thomas H. DeLay, Esq. [email protected]

s/ Lois Limmel Office of the United States Attorney

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