Walker

United States v. Walker

Good Law
607 F. Supp. 2d 1138·2009 WL 812026·2009 U.S. Dist. LEXIS 39413
United States District Court, Southern District of CaliforniaMarch 25, 20093:08-cr-00256California3,235 words

Opinion

Opinion

Lorenz, J.

ORDER ON PETITION OF VIRGINIA HUGHES TO ADJUDICATE VALIDITY OF PETITIONER’S INTEREST IN FORFEITED PROPERTY

On December 9, 2008, Petitioner Virginia Hughes (“Petitioner”), petitioned the Court for a hearing to adjudicate the validity of her interest in a vehicle that was forfeited to the United States pursuant to 21 U.S.C. § 853 . As outlined below, Petitioner has failed to meet her burden for setting aside the forfeiture order. Accordingly, her petition to recover the forfeited property is DENIED.

I. Procedural Background

On January 30, 2008, an indictment was returned against thirteen defendants, charging conspiracy to distribute crack cocaine and methamphetamine. The indictment included forfeiture allegations relating to several vehicles and various amounts of U.S. currency. The instant petition relates to one of the vehicles, a 1998 Chevy Tahoe V8, bearing California License plate number 3XSH296 and VIN 1GNEK13R3WJ333366 (the “Chevy Tahoe”). The indictment alleges the Chevy Tahoe was driven by defendant Lee Vaughn Walker (“Walker”) and was used in the commission of the offenses. Petitioner is Walker’s mother.

On October 16, 2008, co-defendant Daphne Rosalinda Jackson pled…

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