United States District Court, W.D. Washington, Seattle
STIPULATION AND [PROPOSED]
ORDER SETTLING THIRD-PARTY CLAIM TO FIREARM
HON. JAMES L. ROBERT UNITED STATES DISTRICT JUDGE
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
RELEVANT PROCEDURAL FACTS
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.
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.).
United States and Mr. Palmquest HEREBY STIPULATE to the
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
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.
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 ...