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DECISION AND ORDER INTRODUCTION Defendant Kenya Brown (“Defendant”), along with his brother Shawnta Brown, was charged by the United States of America (“the government”) via criminal complaint filed on March 13, 2012, with drug trafficking and firearms offenses. (Dkt. 1). An indictment was returned on January 8, 2013 (Dkt. 69), and a superseding indictment was returned on December 16, 2014 (Dkt. 174). On June 14, 2016, Defendant and his brother each pled guilty to two counts of the superseding indictment, and pursuant to the terms of their plea agreements, they agreed not to contest the forfeiture of $303,355.00 seized by the government (the “seized currency”). (Dkt. 223; Dkt. 224). A preliminary order of forfeiture was entered by the Court on June 20, 2016. (Dkt. 229). On July 25, 2016, Defendant’s father, claimant Johnny Brown (“Claimant”), proceeding pro se, filed a petition with the Court to claim interest in the seized currency. (Dkt. 236). Presently before the Court is the government’s motion for summary judgment (Dkt. 277), and Claimant’s motion for court adjudication of his claim without a trial and/or more hearings (Dkt. 279). For the reasons that follow, the government’s motion for summary judgment is granted, and Claimant’s motion for adjudication of his claim is denied as moot. BACKGROUND I. Criminal Action The superseding indictment charged Defendant and his brother with one count of a narcotics conspiracy, four counts of possession of firearms in furtherance of drug trafficking, five counts of possession with intent to distribute narcotics, and four counts of use of premises to manufacture, distribute, and use controlled substances; and it also contained three forfeiture provisions. (Dkt. 174). The first forfeiture provision in the superseding indictment alleged that pursuant to 21 U.S.C. §§853(a)(1) and 853(a)(2), “[u]pon conviction of any of the controlled substance offenses alleged in this Superseding Indictment, the defendants, SHAWNTA BROWN and KENYA BROWN, shall forfeit to the United States any property constituting, or derived from, proceeds obtained, directly or indirectly, as a result of the said violation and any property used, and/or intended to be used, in any manner or part, to commit, or to facilitate the commission of the said violation, including, but not limited to the following: a. $303,355.00 United States Currency seized by law enforcement on March 13, 2012 from 11886 McNeeley Road, Red Creek, New York.” (Dkt. 174 at 10-11). Defendant and Shawnta Brown each pleaded guilty to Count 1 of the superseding indictment that charged conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine and 280 grams or more of cocaine base in violation of 21 U.S.C. §846, and to Count 2 of the superseding indictment that charged possession of firearms in furtherance of a drug trafficking crime in violation of 18 U.S.C. §924(c)(1). (Dkt. 223; Dkt. 224). The Court sentenced each of them to an aggregate prison sentence of 248 months and a five-year term of supervised release. (Dkt. 258; Dkt. 263). Defendant admitted to the first forfeiture allegation of the superseding indictment as part of his plea agreement (Dkt. 224 at 2), and agreed not to contest the forfeiture of the currency at issue (id. at 26 (“As a condition of the plea, the defendant agrees not to contest any forfeiture or abandonment proceeding that may be brought by the United States and agrees to immediately criminally forfeit all of the defendant’s right, title and interest to any and all property which are subject to forfeiture pursuant to Title 21, United States Code, Sections 853(a)(1) and (a)(2), which are in the possession and control of defendant or the defendant’s nominees. That property includes: (a) CURRENCY: (i) The sum of $303,355.00 United States currency seized on or about March 13, 2012, and presently being held as evidence by the government. The defendant further agrees that this amount is properly forfeitable pursuant to Title 21, United States Code, Sections 853(a)(1) and (a)(2), as the $303.355.00 is proceeds of the defendant’s and Shawnta Brown’s illegal activities and was used or intended to be used in their illegal activities and waives any other rights the defendant may possess to contest that forfeiture.”)). Similarly, Shawnta Brown agreed not to contest the forfeiture of the $303,355.00 at issue. (Dkt. 223 at 25 (“As a condition of the plea, the defendant agrees not to contest any forfeiture or abandonment proceeding that may be brought by the United States and agrees to immediately forfeit all of the defendant’s right, title, and interest to any and all property which includes: (a) CURRENCY: (i) The sum of $303,355.00 United States currency seized on or about March 13, 2012, and presently being held as evidence by the government.”)). On June 20, 2016, the court entered a preliminary order of forfeiture. (Dkt. 229). Pursuant to the preliminary order of forfeiture, the Court found that based upon Defendant’s conviction and his admission to the forfeiture allegation in the superseding indictment, the government had established the requisite nexus between the property and the offense committed and that the seized currency was subject to forfeiture. (Dkt. 229 at 1). The preliminary order of forfeiture served as a judgment in favor of the government regarding Defendant’s right, title, and interest in the property. (Id. at 2). The preliminary order of forfeiture further provided that any person other than Defendant claiming a legal interest in the forfeited property was required to file a petition within 30 days. (Id. at 3). II. Procedural Background On July 25, 2016, Claimant filed his petition to claim interest in the seized currency. (Dkt. 236). In it, Claimant submitted an affidavit of ownership indicating that he resides at 11886 McNeeley Road in Red Creek, New York, the premises where the seized currency was located. (Id. at

 
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