USA v. Smith

UNITED STATES DISTRICT COURT
DISTRICT OF ALASKA
UNITED STATES OF AMERICA,
Plaintiff,
v.
BRIAN CURREN SMITH,
Defendant.
Case No. 3:16-CR-00138-SLG-KFM
FINAL REPORT AND
RECOMMENTION REGARDING
PETITION FOR HEARING1
[Docket No. 60]
The District Court referred the Petition for hearing filed by Cherise Fowler2
seeking to establish a third party interest in one 2007 GMC Yukon, VIN: 1GKFK13037R132685
which was subject to a preliminary forfeiture order3 in the above styled matter.4
This Court promptly set the matter for a hearing.5
Thereafter, the government filed a motion to vacate the hearing.6 The
government conceded that Fowler’s sole ownership in the vehicle predated the criminal activity
in this case, announced that it no longer sought forfeiture of the vehicle, and reported that the
vehicle would be returned to Fowler promptly.7 Accordingly, this Court vacated the hearing on
Fowler’s petition.8
Under these circumstances, Fowler’s petition is now moot because she has
obtained the relief she sought by agreement from the government. For these reasons, this Court
recommends that District Court dismiss the Petition for Hearing filed at Docket No. 60 as
1 This report is being issued as a final report and recommendation because the government no
longer seeks forfeiture of the 2007 GMC Yukon, VIN: 1GKFK13037R132685.
2 Docket No. 60.
3 Docket No. 39.
4 Docket No. 64.
5 Docket No 66.
6 Docket No. 67.
7 Id.
8 Docket No. 68.
Case 3:16-cr-00138-SLG-KFM Document 69 Filed 10/13/17 Page 1 of 2

moot and vacate that portion of the Preliminary Order of Forfeiture at Docket No. 39 only
as it relates to the 2007 GMC Yukon, VIN: 1GKFK13037R132685.
DATED this 13th day of October, 2017, at Anchorage, Alaska.
/s/ Kevin F. McCoy
Kevin F. McCoy
United States Magistrate Judge
Case 3:16-cr-00138-SLG-KFM Document 69 Filed 10/13/17 Page 2 of 2