United States v. Kirby

Docket Number2:23-CR-202-RFB-EJY
Decision Date24 January 2025
PartiesUNITED STATES OF AMERICA, Plaintiff, v. GREGORY KIRBY, Defendant.
CourtU.S. District Court — District of Nevada

FINAL ORDER OF FORFEITURE

RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE

The United States District Court for the District of Nevada entered a Preliminary Order of Forfeiture under Fed. R. Crim P. 32.2(b)(1) and (b)(2); 18 U.S.C. § 981(a)(1)(C) with 28 U.S.C. § 2461(c); 18 U.S.C. § 982(a)(7); and 21 U.S.C. § 853(p) based upon the plea of guilty by Gregory Kirby to the criminal offense, forfeiting the property and imposing an in personam criminal forfeiture money judgment set forth in the Plea Agreement and the Forfeiture Allegation of the Criminal Information and shown by the United States to have the requisite nexus to the offense to which Gregory Kirby pled guilty. Criminal Information, ECF No. 14; Plea Agreement, ECF No. 15; Arraignment & Plea, ECF No. 20; Preliminary Order of Forfeiture, ECF No. 21.

This Court finds that on the government's motion, the Court may at any time enter an order of forfeiture or amend an existing order of forfeiture to include subsequently located property or substitute property under Fed. R. Crim. P 32.2(e) and 32.2(b)(2)(C).

The in personam criminal forfeiture money judgment amount of $29,819.36 complies with United States v. Lo, 839 F.3d 777 (9th Cir. 2016); Honeycutt v. United States, 581 U.S. 443 (2017); United States v Thompson, 990 F.3d 680 (9th Cir. 2021); and United States v. Prasad, 18 F.4th 313 (9th Cir. 2021).

This Court finds the United States published the notice of forfeiture in accordance with the law via the official government internet forfeiture site, www.forfeiture.gov, consecutively from April 3, 2024, through May 2, 2024, and May 17, 2024, through June 15, 2024, notifying all potential third parties of their right to petition the Court. Notices of Filing Proof of Publication Exhibits, ECF No. 23-1, p. 5; ECF No. 42-1, p. 5.

This Court finds Gregory Kirby agreed to the substitution and forfeiture of $29,819.36 as set forth in the Plea Agreement under Fed. R. Crim. P. 32.2(e) and 21 U.S.C. § 853(p), and that the substitute property will be applied toward payment of the money judgment. Plea Agreement, ECF No. 15; Preliminary Order of Forfeiture, ECF No. 21.

This Court finds the United States published the notice of the substitute forfeiture in accordance with the law via the official government internet forfeiture site, www.forfeiture.gov, consecutively from September 6, 2024, through October 5, 2024, notifying all potential third parties of their right to petition the Court. Notice of Filing Proof of Publication Exhibits, ECF No. 67-1, p. 5.

This Court finds the United States notified known third parties by personal service or by regular mail and certified mail return receipt requested of their right to petition the Court. Notice of Filing Service of Process - Mailing (NOFSOP-Mail), ECF No. 46; Notice of Filing Service of Process - Personal Service (NOFSOP-Personal), ECF No. 54.

On May 10, 2024, the United States Attorney's Office (USAO) served Aaron D. Ford, Nevada Attorney General, Office of the Attorney General, by regular and certified return receipt mail with the Notice and the Preliminary Order of Forfeiture. NOFSOP-Mail, ECF No. 46-1, p. 3, 15-24; 46-2, p. 2-3.

On May 10, 2024, the USAO served Andrew R. Hendrian or Henderian at zip code 62535-9678 by regular and certified return receipt mail with the Notice and the Preliminary Order of Forfeiture. NOFSOP-Mail, ECF No. 46-1, p. 3, 15-24; 46-2, p. 3-5.

On May 10, 2024, the USAO served Andrew Hendrian or Henderian at zip code 62535-0333 by regular and certified return receipt mail with the Notice and the Preliminary Order of Forfeiture. NOFSOP-Mail, ECF No. 46-1, p. 3, 15-24; 46-2, p. 5-6.

On May 10, 2024, the USAO served Big Bend Water District, c/o Las Vegas Valley Water District, by regular and certified return receipt mail with the Notice and the Preliminary Order of Forfeiture. NOFSOP-Mail, ECF No. 46-1, p. 3, 15-24; 46-2, p. 7-8.

On May 10, 2024, the USAO attempted to serve Billy Kirby at zip code 89031 by regular and certified return receipt mail with the Notice and the Preliminary Order of Forfeiture. The certified mail was returned unclaimed. The regular mail was returned to sender. NOFSOP-Mail, ECF No. 46-1, p. 3, 15-24; 46-2, p. 8-10.

On May 10, 2024, the USAO served Billy Kirby at zip code 85143-5334 by regular and certified return receipt mail with the Notice and the Preliminary Order of Forfeiture. NOFSOP-Mail, ECF No. 46-1, p. 3, 15-24; 46-2, p. 11-12.

On May 10, 2024, the USAO attempted to serve Billy Kirby at zip code 97217-7243 by regular and certified return receipt mail with the Notice and the Preliminary Order of Forfeiture. The regular mail was returned as not deliverable as addressed, the certified mail was returned unclaimed. NOFSOP-Mail, ECF No. 46-1, p. 3-4, 15-24; 46-2, p. 12-14.

On May 10, 2024, the USAO attempted to serve Billy Kirby at zip code 89129-3658 by regular and certified return receipt mail with the Notice and the Preliminary Order of Forfeiture. The certified mail was returned as not deliverable as addressed. The regular mail was returned attempted, not known. NOFSOP-Mail, ECF No. 46-1, p. 4, 15-24; 46-2, p. 1517.

On May 10, 2024, the USAO served Brian Kunzi, Nye County District Attorney, by regular and certified return receipt mail with the Notice and the Preliminary Order of Forfeiture. NOFSOP-Mail, ECF No. 46-1, p. 4, 15-24; 46-2, p. 17-18.

On May 10, 2024, the USAO served Brianna Johnson, Clark County Assessor, by regular and certified return receipt mail with the Notice and the Preliminary Order of Forfeiture. NOFSOP-Mail, ECF No. 46-1, p. 4, 15-24; 46-2, p. 19-20.

On May 10, 2024, the USAO served and attempted to serve Canyon Terrace Homeowners Association, c/o Angelina Biondi-Brookins, by regular and certified return receipt mail with the Notice and the Preliminary Order of Forfeiture. The certified mail was returned unclaimed. The regular mail was not returned. NOFSOP-Mail, ECF No. 46-1, p. 4, 15-24; 46-2, p. 20-22.

On May 10, 2024, the USAO served Canyon Terrace Homeowners Association, c/o CDM Management, Registered Agent, by regular and certified return receipt mail with the Notice and the Preliminary Order of Forfeiture. NOFSOP-Mail, ECF No. 46-1, p. 4, 15-24; 46-2, p. 22-23.

On May 10, 2024, the USAO served and attempted to serve Canyon Terrace Homeowners Association, c/o President Michael Farnsworth, by regular and certified return receipt mail with the Notice and the Preliminary Order of Forfeiture. The certified mail was returned unclaimed. The regular mail was not returned. NOFSOP-Mail, ECF No. 46-1, p. 4, 15-24; 46-2, p. 24-25.

On May 10, 2024, the USAO served and attempted to serve Canyon Terrace Homeowners Association, c/o Secretary Joy Lee, by regular and certified return receipt mail with the Notice and the Preliminary Order of Forfeiture. The certified mail was returned unclaimed. The regular mail was not returned. NOFSOP-Mail, ECF No. 46-1, p. 4, 15-24; 46-2, p. 26-27.

On May 10, 2024, the USAO served and attempted to serve Canyon Terrace Homeowners Association, c/o Treasurer Darlene Charles, by regular and certified return receipt mail with the Notice and the Preliminary Order of Forfeiture. The certified mail was returned unclaimed. The regular mail was not returned. NOFSOP-Mail, ECF No. 46-1, p. 5, 15-24; 46-2, p. 28-29.

On May 10, 2024, the USAO served and attempted to serve Calisa Pittman at zip code 30324-3949 by regular and certified return receipt mail with the Notice and the Preliminary Order of Forfeiture. According to USPS, the certified mail is being returned as unclaimed. Neither mailing was returned as of November 27, 2024. NOFSOP-Mail, ECF No. 46-1, p. 5, 15-24; 46-2, p. 30-31; Supplement NOFSOP, ECF No. 72, p. 1; 72-1, p. 3. / / / / / / On May 10, 2024, the USAO served Calisa Pittman at zip code 31204-4206 by regular and certified return receipt mail with the Notice and the Preliminary Order of Forfeiture. NOFSOP-Mail, ECF No. 46-1, p. 5, 15-24; 46-2, p. 32-33.

On May 10, 2024, the USAO served and attempted to serve Calisa Pittman at zip code 89029-0700 by regular and certified return receipt mail with the Notice and the Preliminary Order of Forfeiture. The certified mail was returned unclaimed. The regular mail was not returned. NOFSOP-Mail, ECF No. 46-1, p. 5, 15-24; 46-2, p. 33-35.

On May 10, 2024, the USAO served Catherine Ellingsen, Chief Legal Officer, Republic Silver State Disposal Inc., by regular and certified return receipt mail with the Notice and the Preliminary Order of Forfeiture. NOFSOP-Mail, ECF No. 46-1, p. 5, 15-24; 46-2, p. 35-36.

On May 10, 2024, the USAO served Church of New Hope and Faith Inc by regular and certified return receipt mail with the Notice and the Preliminary Order of Forfeiture. NOFSOP-Mail, ECF No. 46-1, p. 5, 15-24; 46-2, p. 37-38.

On May 10, 2024, the USAO served Cori Freidhof, Nye County Clerk, by regular and certified return receipt mail with the Notice and the Preliminary Order of Forfeiture. NOFSOP-Mail, ECF No. 46-1, p. 5, 15-24; 46-2, p. 38-39.

On May 10, 2024, the USAO attempted to serve Current Resident for 781 Leslie St. by regular and certified return receipt mail with the Notice and the Preliminary Order of Forfeiture. Both mailings were returned as no mailing receptacle. NOFSOP-Mail, ECF No. 46-1, p. 5, 15-24; 46-2, p. 40-42.

On May 10, 2024, the USAO served Current Resident of 1412 West Grove Rd. by regular and certified return receipt mail with the Notice and the Preliminary Order of Forfeiture. NOFSOP-Mail, ECF No. 46-1, p. 6, 15-24; 46-2, p. 42-43.

On May 10, 2024, the USAO served...

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