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U.S. v. SIXTY FIREARMS

No. 3:CV-00-1470.

186 F.Supp.2d 538 (2002)

UNITED STATES of America, Plaintiff, v. SIXTY FIREARMS and Various Rounds of Ammunition, Defendants, v. Theresa Lamplugh, Claimant.

United States District Court, M.D. Pennsylvania.

February 14, 2002.

Attorney(s) appearing for the Case

Christopher H. Casey, U.S. Attorney's Office, Scranton, PA, Theodore B. Smith, III, U.S. Attorney's Office, Harrisburg, PA, for plaintiff.

Theresa Lamplugh, Wellsboro, PA, Joseph A. Ferry, West Chester, PA, for defendants.

MEMORANDUM

VANASKIE, Chief Judge.

This civil forfeiture action is before the Court on the Claimant's motion to dismiss. Claimant, Theresa Lamplugh, contends that this action was filed beyond the 120 day statute of limitations prescribed by 18 U.S.C. § 924(d)(1). The government asserts that the institution of an administrative forfeiture proceeding within the prescribed time limit satisfied the requirement of § 924(d)(1). Because the government...

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