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United States v. Luis

United States District Court, M.D. Florida, Tampa Division

May 19, 2017

UNITED STATES OF AMERICA
v.
LOIS LUIS

          FINAL JUDGMENT OF FORFEITURE

          JAMES S. MOODY. JR. UNITED STATES DISTRICT JUDGE

         This cause came on for evidentiary hearing on April 27, 2017 and May 1, 2017 on the claims of Niubis Miranda. For the reasons stated on the record, the Court denied Miranda's claims. It is therefore appropriate to enter a Final Judgment of Forfeiture. The Court has reviewed the United States' Motion for Judgment of Forfeiture (Doc. 211) and Lois Luis' (Objection) Motion in Opposition of the Entry of Final Order of Forfeiture (Doc. 212).

         The United States moves (Doc. 211) under 21 U.S.C. § 853 and Rule 32.2(c)(2), Federal Rules of Criminal Procedure, for a final judgment of forfeiture for the following assets (collectively, the “Real Properties”), which are subject to the October 26, 2016 preliminary order of forfeiture (Doc. 94):

(a) the Real Property, attachments thereto, and appurtenances thereon, located at 6703 N. Armenia Avenue, Tampa, Florida 33604, more particularly described as:
Commencing at the Northwest Corner of Lot 19, Block B of 1stAddition to Ayala's Grove Subdivision which point is 780.0 feet South and 36.64 feet East of the Northwest Corner of Section 35, Township 28 South, Range 18 East and on the East Right-of-Way line of Armenia Avenue; Continue thence along said East RM/line a distance of 300.0 feet for a point of beginning; Run thence East a distance of 224.0 feet to the West Boundary of Grovewood Court Subdivision which point is 24.22 feet south of the Northwest Corner of Lot 5, Block 1 of Said Subdivision; Run thence South along the West Boundary of Grovewood Subdivision; A distance of 202.0 feet which point is 63.0 feet North of the South Boundary of the Northwest ¼ of the Northwest ¼ in Section 35; Run thence West and parallel to the South Boundary of the Northwest ¼ of the Northwest ¼ in Section 35; A distance of 224.0 feet to the East RM/Line of Armenia Avenue; and thence North along said RM/Line a distance of 202.8 feet to the P.O.B., Lying and being in Hillsborough County, Florida. Less and except any portion of the above described property appearing in Judgment in favor of the City of Tampa, as recorded in Official Record Book 3016, Page 84, Public Records of Hillsborough County, Florida.
Parcel ID Number: A-35-28-18-ZZZ-000005-41970.0;
(b) the Real Property, attachments thereto, and appurtenances thereon, located at 2600 West Columbus Drive, Tampa, Florida 33607, more particularly described as:
Lot 1, Block 2, Villa Saint Louis, according to the plat thereof, as recorded in Plat Book 1, Page 59, of the Public Records of Hillsborough County, Florida.
Parcel ID Number: A-15-29-18-4PS-000002-00002.0; and
(c) the Real Property, attachments thereto, and appurtenances thereon, located at 7941 North Armenia Avenue, Tampa, Florida 33603, more particularly described as:
The South 100 feet of the North 130 feet of the East 250 feet of the West 280 feet of the Southwest quarter of the Northwest quarter of Section 26, Township 28 South, Range 18 East, Hillsborough County, Florida. Less the portion taken or conveyed for right-of-way purposes including such portion as described in the Official Records Book 4200, Page 1912, of the Public Records of Hillsborough County, Florida.
Parcel ID Number: A-26-28-18-ZZZ-000005- 38580.0.

         The forfeiture was also included in the criminal judgment (Doc. 191).

         In accord with 21 U.S.C. § 853(n) and Rule 32.2(b)(6)(C), Federal Rules of Criminal Procedure, from July 27, 2016, and ending on August 25, 2016. Doc. 160, the United States published notice of the forfeiture and of its intent to dispose of the Real Properties on the official government website, www.forfeiture.gov. Doc. 160. The publication gave notice to all third parties with a legal interest in the Real Properties to file with the Office of the Clerk, United States District Court, Sam Gibbons Federal Courthouse, ...


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