United States v. Assorted Firearms

MEMORANDUM

Pro se appellant Juan Gonzalez and appellants Jay Aguallo, Jose Borboa, Gary Guerrero, Robert Medrano, Jose Padilla, Jerome Pontod, Harry Reynolds, II, and Frederick Widmayer (collectively, “Claimants”) appeal the district court’s orders denying their requests to set aside default and ordering default judgment in a civil forfeiture proceeding against motorcycles, firearms, and other personal property. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm in part and reverse in part.

1. The district court did not abuse its discretion in denying Widmayer’s request to set aside default as to various firearms, ammunition, and jewelry, and in ordering default judgment as to that property. Widmayer filed a timely claim and answer seeking the return of two motorcycles. He settled that claim during the pendency of proceedings, received his two motorcycles, and stipulated to “withdraw his claim to any of the remaining assets in this action” on May 17, 2012. The district court therefore acted within its discretion when it held him to his release of further claims to seized property.

2. The district court applied an incorrect legal standard in evaluating the other…