Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Sepulveda-Sainz

United States District Court, W.D. Washington, Seattle

November 1, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
JESUS SEPULVEDA-SAINZ, Defendant, and CHRISTOPHER J, PALMQUEST, Third-Party Claimant.

          STIPULATION AND [PROPOSED] ORDER SETTLING THIRD-PARTY CLAIM TO FIREARM

          THE HON. JAMES L. ROBERT UNITED STATES DISTRICT JUDGE

         The United States and Third-Party Claimant Christopher Palmquest present the following stipulation and proposed order to settle the interest Mr. Palmquest has asserted in the Browning 9mm pistol that was forfeited by the Defendant in this case.

         I. RELEVANT PROCEDURAL FACTS

         The Defendant in this case agreed to forfeit certain property pursuant to the plea he entered on January 26, 2017 (Dkt. No. 51). That property included the Browning 9mm pistol, bearing serial number 945NT51880 ("the Pistol'1)! a"d associated magazine, to which Mr. Palmquest has filed a claim. Prior to the Defendant's sentencing, the Court entered a Preliminary Order of Forfeiture forfeiting the Defendant's interest in the Pistol and magazine, as well as the other property he agreed to forfeit (Dkt. No. 55). Thereafter, as required by 21 U.S.C. § 853(n)(1) and Fed. R. Grim. P. 32.2(b)(6)(C), the United States published notice of the Preliminary Order of Forfeiture and its intent to dispose of the property in accord with governing law (Dkt. No. 64). That notice informed any third parties claiming an interest in the property they were required to file a petition with the Court within 60 days of the notice's first publication on April 1, 2017 (Id.). As required by Fed. R. Crim. P. 32.2(b)(6)(A), the United States also sent notice and a copy of the Preliminary Order to two individuals who appeared to be potential claimants based on the underlying investigative material. See Declaration of AUSA Michelle Jensen in Support of Stipulation and [Proposed] Order Settling Third-Party Claim to Firearm ("Jensen Decl"), ¶¶ 2 & 3, Exs. A & B. As provided by 21 U.S.C. § 853(n)(2), these notices advised that if the recipients want to assert an interest in any of the property, they were required to file a petition within 30 days of receiving it. See Jensen Dec!,, ¶¶ 2 & 3, Exs. A & B. Mr. Palmquest's notice was delivered on August 23, 2017, and the notice to the other individual was delivered on July 7, 2017. See Id. Mr. Palmquest filed a timely claim to the Pistol and magazine on August 29, 2017 (Dkt. No. 66). No other claims - to the Pistol and magazine, or any of the other property - have been filed, and the period for doing so has expired - on August 5, 2017 for the notice delivered to the other individual, and on May 30, 2017 for the published notice.

         In his claim, Mr. Palmquest asserts he is the rightful owner of the Pistol (Dkt. No. 66). He asserts it was stolen from him in late 2015 or early 2016 (Id.).

         II. STIPULATION

         The United States and Mr. Palmquest HEREBY STIPULATE to the following facts:

1. The United States has investigated Mr, Palmquest's asserted interest and has confirmed he has an active license to carry a concealed pistol, issued by the Thurston County Sheriff s Department. The record associated with Mr. Palmquest's license reflects he purchased the Pistol on October 7, 1999. A National Crime Information Center ("NCIC") query reflects Mr. Palmquest has no identifiable criminal history that would otherwise preclude him from possessing the Pistol.
2. Mr. Palmquest affirms the investigative information reflected in Paragraph 1 is true and correct. He also affirms that no one living in his residence is prohibited from possessing a firearm.
3. Based on the investigative information reflected in Paragraph 1 and Mr. Palmquest's affirmation in Paragraph 2, the United States agrees that Mr. Palmquest had a vested interest in the Pistol and magazine, pursuant to 21 U.S.C. § 853(n)(6)(A), before the Defendant in this case possessed it.
4. The United States recognizes Mr. Palmquest's vested interest in the Pistol and magazine and agrees it will return the Pistol and magazine to Mr. Palmquest following completion of the criminal proceedings in this case, to include any criminal appeal. The seizing agency, Homeland Security Investigations and/or U.S. Customs and Border Protection will effect the return of the Pistol and magazine to Mr. Palmquest.
5. Mr. Palmquest understands the Pistol and magazine constitute evidence in this case and cannot be returned prior to the completion of these criminal proceedings, to include any criminal appeal.
6. Mr. Palmquest understands and agrees the Pistol and magazine will be returned to him in their current condition, as they were seized from the Defendant in this case.
7. Mr. Palmquest understands and agrees that this Stipulation fully and finally resolves his claim to the Pistol and magazine. Mr. Palmquest waives any right to further litigate or pursue his claim, in this or ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.