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United States v. Abdullahi

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

August 14, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
WARIO MOHAMED ABDULLAHI, Defendant, and, MICHELLE CAUDILL, Third-Party Claimant.

          BRIAN T. MORAN United States Attorney

          MICHELLE JENSEN Assistant United States Attorney

          MICHELLE CAUDILL Third-Party Claimant

          STIPULATION AND ORDER SETTLING THIRD-PARTY CLAIM TO FIREARM

          Honorable Richard A. Jones United States District Judge

         The United States and Third-Party Claimant Michelle Caudill present the following Stipulation and proposed Order to settle the interest Ms. Caudill has asserted in the Glock Model 17 9 mm-caliber pistol, serial no. MUK170, which was forfeited by the Defendant in this case.

         I. RELEVANT PROCEDURAL FACTS

         The Defendant in this case agreed to forfeit two firearms pursuant to the plea he entered on February 7, 2019 (Dkt. No. 44). One of those firearms is the Glock Model 17 9 mm-caliber pistol, serial no. MUK170 (“Glock Model 17”), to which Ms. Caudill 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 Glock Model 17, as well as the other firearm he agreed to forfeit (Dkt. No. 52). Thereafter, as required by 21 U.S.C. § 853(n)(1) and Fed. R. Crim. P. 32.2(b)(6)(C), the United States published notice of the Preliminary Order of Forfeiture and its intent to dispose of the firearms in accord with governing law (Dkt. No. 56). That notice informed any third parties claiming an interest in the firearms they were required to file a petition with the Court within 60 days of the notice's first publication on March 21, 2019 (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. As provided by 21 U.S.C. § 853(n)(2), these notices advised that if the recipients wanted to assert an interest in any of the firearms they were required to file a petition within 30 days of receiving it. The last of those notices was delivered on June 15, 2018.

         On July 17, 2019, Ms. Caudill filed a claim to the Glock Model 17 (Dkt. No. 58). In her claim, Ms. Caudill asserts she is the rightful owner of the firearm, which was stolen from her (Id.).

         No competing claims to the Glock Model 17 have been filed, and the period for doing so has expired - on May 20, 2019 for the published notice, and on July 15, 2019 for the last direct notice.

         II. STIPULATION

         The United States and Ms. Caudill HEREBY STIPULATE to the following facts:

1. In support of her claim, Ms. Caudill asserts she originally received the Glock Model 17 as a gift from her brother, John Caudill. She has submitted a letter from Mr. Caudill in which he affirms he purchased the Glock Model 17 and gave it to her as a gift “many years ago.” Enclosed with Mr. Caudill's letter is a Firearms Transaction Record reflecting he purchased the firearm at Bear Arms in Kent, Washington on April 4, 2009. Records obtained from the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) confirm that Mr. Caudill purchased the Glock Model 17 from Bear Arms in Kent, Washington on that date. In support of her claim, Ms. Caudill also submitted a copy of an incident report reflecting that, on April 20, 2016, she reported the Glock Model 17 had been stolen to the Federal Way Police Department. ATF has confirmed Ms. Caudill has no identifiable criminal history that would preclude her from possessing a firearm at this time.
2. Ms. Caudill affirms the information reflected in Paragraph 1 is true and correct. She also affirms that no one living in her residence is prohibited from possessing a firearm.
3. Based on the information reflected in Paragraph 1 and Ms. Caudill's Affirmation in Paragraph 2, the United States agrees that Ms. Caudill had a vested interest in the Glock Model 17, pursuant to 21 U.S.C. ยง ...

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