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United States of America v. Juan Carlos Herrera Gomez

United States District Court Southern District of New York


November 15, 2011

UNITED STATES OF AMERICA,
v.
JUAN CARLOS HERRERA GOMEZ,
DEFENDANT.

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).

20111115

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