United States District Court Southern District of New York
November 15, 2011
UNITED STATES OF AMERICA,
JUAN CARLOS HERRERA GOMEZ,
The opinion of the court was delivered by: John G. Koeltl, District Judge:
MEMORANDUM OPINION AND ORDER
The above-captioned defendant has moved for a return of his property, specifically $4,705 in currency and various documents. This Court has previously determined that it would treat the defendant's motion as a civil complaint for equitable relief under Rule 41(g), and that it would treat the government's response as an answer and a pre-discovery motion for summary judgment.
The Government has now established that the $4,705 seized at the time of the defendant's arrest was administratively forfeited. Letter of the Government Dated Oct. 18, 2011, Ex. A (Declaration of Administrative Forfeiture, Dated November 25, 2005). Therefore, the Government is entitled to summary judgment that the defendant is not entitled to the return of this property. 21 U.S.C. § 881(a)(6).
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