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United States v. Sexton

United States District Court, W.D. Washington

May 7, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
JACK PERSUING SEXTON, and RONALD CLAUDE KETTELLS, Defendants, and CHRISTOPHER KOM, Third-Party Petitioner.

          ANNETTE L. HAYES UNITED STATES ATTORNEY FRANCIS FRANZE-NAKAMURA ASSISTANT UNITED STATES ATTORNEY UNITED STATES ATTORNEY'S OFFICE, CHRISTOPHER KOM THIRD PARTY PETITIONER

          STIPULATED SETTLEMENT AGREEMENT

          ROBERT S. LASNIK UNITED STATES DISTRICT JUDGE

         IT IS STIPULATED between Plaintiff, United States of America, by and through the undersigned counsel, and pro se Third Party Petitioner, Christopher Kom, to settle Petitioner Kom's claim of interest to the following property:

         One Mossberg pistol-grip shotgun, bearing serial number T469627, (hereinafter referred to as the "Subject Firearm").

         On June 21, 2013, this Court entered a Preliminary Orders of Forfeiture, Docket No. 164 and 166, in this matter forfeiting the interest of Defendants Jack Pershing Sexton and Ronald Claude Kettles in the Subject Firearm pursuant to the conviction of the Defendants to the offense of Using a Firearm During and in Relation to a Crime of Violence, as charged in Counts 4, 6, and 8 of the Superseding Indictment, in violation of Title 18, United States Code, Sections 924(c)(1)(A)(ii) and (C)(i), and 2, and based upon the evidence already admitted into the record at trial supporting the conviction of the Defendants. Docket No. 149.

         Pursuant to Title 21, United States Code, Section 853(n), the United States published notice on an official government forfeiture website, currently www.forfeiture.gov for thirty (30) days beginning June 26, 2013. See Docket No. 210. In the publication the United States published notice of the Preliminary Order of Forfeiture and the intent of the United States to dispose of the property in accordance with law. This notice further stated that any person other than the defendant having or claiming an interest in the property was required to file a petition with the Court within sixty (60) days of the first date of publication, setting forth the nature of the petitioner's right, title, and interest in the property.

         Following direct notice, Third Party Petitioner Christopher Kom filed a claim on April 20, 2018 to the Subject Firearm, in which he asserted his interest in the Subject Firearm, which he indicated had been stolen. See Docket No. 211.

         No other person or entity has filed a petition asserting an interest in the Subject Firearm.

         This Stipulated Settlement Agreement ("Agreement") is entered into between the parties pursuant to the following terms:

         1. This Agreement is for settlement purposes only and does not constitute an admission by Petitioner Kom of any knowledge or involvement of any kind in the events forming the basis for the Government's allegations of forfeiture.

         2. The parties to this Agreement stipulate that Petitioner Kom has an interest in the Subject Firearm as Petitioner Kom is the last known owner of the Subject Firearm. Law enforcement authorities later recovered the stolen Subject Firearm during the course of the Sexton/Kettles investigation. Therefore, the United States and Petitioner Kom agree to settle Petitioner's claim by returning the stolen Subject Firearm to Petitioner Kom.

         3. Petitioner agrees to release and hold harmless the United States, the United States Department of Justice, and any and all agents, servants, and employees of the United States and its agencies, acting in their individual or official capacities, from any and all claims by Petitioner and/or his representatives, agents, heirs, successors, and assigns, which currently exist or which may arise as a result of the search and seizure of the Subject Firearm, and/or forfeiture action involving the Subject Firearm.

         4. Petitioner agrees that this Agreement shall constitute full settlement and satisfaction of any and all claims by Mr. Kom to the Subject Firearm resulting from the incidents or circumstances giving rise to this action.

         5. Petitioner understands and agrees that, by entering into this Agreement, he waives any right to litigate further any interest in the Subject Firearm, or any right to ...


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