The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL NO. 1:21-CV-00106
UNITED STATES OF AMERICA, )
)
Plaintiff, )
)
vs. )
)
ONE SCCY INDUSTRIES CPX-1 )
HANDGUN seized from Dekalia )
Leigh Simpson on or about )
October 27, 2020, in Buncombe )
County, North Carolina, )
)
Defendant. )
ORDER OF DEFAULT JUDGMENT
THIS MATTER is before the Court on the Government’s Motion for
Default Judgment of Forfeiture. [Doc. 7]. Pursuant to Fed. R. Civ. P.
55(b)(2), the Government requests that the Court enter a Default Judgment
of Forfeiture as to the SCCY Industries CPX-1 handgun (“the Defendant
Firearm”) identified in the Government’s Verified Complaint.
FACTUAL BACKGROUND
The following is a recitation of the relevant, admitted facts.1
1 Where, as here, an entry of default occurs, the defaulted party is deemed to have
admitted all well-pleaded allegations of fact in the complaint. See Ryan v. Homecomings
Fin. Network, 253 F.3d 778, 780 (4th Cir. 2011); see also Fed. R. Civ. P. 8(b)(6) (“An
allegation—other than one relating to the amount of damages—is admitted if a responsive
In the fall of 2020, officers with the Asheville Police Department’s
Public Housing Unit received complaints regarding a high volume of
pedestrian and automobile traffic concentrated around the 79 building block
of the Klondyke Apartments. [Doc. 1 at ¶ 8]. Additionally, in the fall of
2020, officers with the Asheville Police Department’s Public Housing
Unit observed multiple individuals at the Klondyke Apartments engaged
in activities consistent with drug trafficking. [Id. at ¶ 9]. During this
same time period, officers also seized firearms and narcotics from
individuals at the Klondyke Apartments. [Id.].
On or about October 27, 2020, at approximately 9:30 p.m., officers with
the Asheville Police Department’s Public Housing Unit encountered a
suspicious vehicle around the 79 building block of the Klondyke Apartments.
[Id. at ¶ 10]. Specifically, two individuals who were inside the vehicle
appeared to be smoking and passing back and forth a brown hand-rolled
cigar. [Id. at ¶ 11]. The windows were rolled up, and there was a large
amount of smoke inside of the vehicle. [Id. at ¶ 12]. Based upon prior
investigative experience, the officers determined that the brown-hand
rolled cigar was consistent with a marijuana blunt. [Id. at ¶ 13].
pleading is required and the allegation is not denied”). Thus, the factual allegations in
the Government’s Verified Complaint [Doc. 1] are deemed admitted as true.
2
Additionally, the officers knew that by keeping the windows rolled up, the
marijuana smoke concentrates inside the car, providing a more
concentrated “high” from the marijuana. [Id. at ¶ 14]. This practice is
commonly referred to as “hotboxing.” [Id.].
Officers Patrick Destefano, Chris Katt, and Nick Jones approached
the vehicle on foot and made contact with the driver, who was later
identified as Dekalia Simpson. [Id. at ¶ 15]. Officer Destefano knocked
on the window of the vehicle, but Ms. Simpson did not initially roll the
window down. [Id. at ¶ 16]. Instead, Ms. Simpson made a furtive
movement near the center console. [Id.]. Several seconds later,
Ms. Simpson opened the door of the vehicle. [Id.]. The other occupant
of the vehicle was a juvenile. [Id.].
When Ms. Simpson opened the door of the vehicle, Officer Destefano
detected a strong odor coming from inside of the vehicle. [Id. at ¶ 17].
Based upon his prior investigative experience, Officer Destefano concluded
that the odor was a type of cover-up fragrance that the occupants had
sprayed in an attempt to mask the odor of marijuana. [Id.]. Officer
Destefano asked Ms. Simpson what was being smoked inside the vehicle.
Ms. Simpson stated, “sorry I was waiting for somebody” and then she
voluntarily exited the vehicle. [Id. at ¶ 18]. As Ms. Simpson exited the
3
vehicle, Officer Destefano immediately observed a tan Taurus Millenium
G2C handgun on the driver’s seat of the vehicle, directly underneath where
Ms. Simpson’s thigh had been. [Id. at ¶ 19]. In addition to the tan Taurus
Millenium G2C handgun, Officer Jones observed multiple items of
contraband in plain view. [Id. at ¶ 20].
Officer Jones conducted a probable cause search of the vehicle. [Id.
at ¶ 21]. During the probable cause search of the vehicle, Officer Jones
located a large, opened vacuum-sealed bag containing approximately 123
grams of a green leafy substance consistent with marijuana, a smaller zip-
lock baggie filled with suspected marijuana, a large stack of U.S. Currency
(totaling $10,480.00), and a black digital scale inside a maroon shoe bag.
[Id. at ¶ 22].
Additionally, Officer Katt located the Defendant Firearm—a SCCY
pistol—in a pink purse inside the vehicle, along with another ziplock baggie
filled with suspected marijuana. [Id. at ¶ 23]. The pink purse was found
on the driver’s side floorboard. [Id.]. Ms. Simpson’s driver’s license was
also found inside the pink purse. [Id.]. Officer Katt also seized a marijuana
blunt that he had witnessed the juvenile passenger attempt to discard upon
the officer’s initial approach. [Id. at ¶ 24].
4
Additionally, officers located a spare loaded black magazine from the
center console of the vehicle. [Id. at ¶ 25]. Ms. Simpson did not have an
active concealed weapons permit. [Id. at ¶ 26].
In summary, based upon the probable cause search of the vehicle, the
officers collectively located two firearms, approximately 142 grams of
marijuana in three different packages, a digital scale, and over $10,000.00
in US Currency. [Id. at ¶ 27]. Notably, the denominations of the U.S.
Currency were also consistent with the distribution of marijuana, as a large
amount of the denominations were $20 bills. [Id.]. Ms. Simpson was
charged with various drug and firearms offenses in connection with this
incident, including possession with intent to distribute marijuana. [Id. at ¶
28].
PROCEDURAL BACKGROUND
The Drug Enforcement Administration (“DEA”) initiated an
administrative forfeiture action against the Defendant Firearm, as well as
against the U.S. Currency and the other firearm seized in connection with
the incident. [Id. at ¶ 29]. On January 19, 2021, Ms. Simpson filed a claim
only as to the Defendant Firearm. [Id. at ¶ 30].
On April 16, 2021, the Government filed a Verified Complaint for
Forfeiture in Rem, alleging that the Defendant Firearm seized from Ms.
5
Simpson on or about October 27, 2020, is subject to civil forfeiture under 21
U.S.C. § 881(a)(11) and 18 U.S.C. § 924(d)(1). [Doc. 1]. On April 19,
2021, the Clerk issued a Warrant of Arrest in Rem for the Defendant Firearm.
[Doc. 2].
After the Government filed its Complaint and in accordance with Rule
G(4)(b) of the Supplemental Rules for Admiralty or Maritime Claims and
Asset Forfeiture Actions, the Government provided direct notice of this action
to known potential claimants. Specifically, on April 19, 2021, the
Government mailed notice and a copy of the Complaint to Ms. Simpson.
[Doc. 4]. Additionally, in accordance with Supplemental Rule G(4)(a), the
Government provided notice by publication as to all persons with potential
claims to the Defendant Firearm by publishing notice via www.forfeiture.gov
for 30 consecutive days, beginning on April 20, 2021. [Doc. 4].
The Government has taken reasonable steps to provide notice to
known potential claimants, and the Government has otherwise complied with
the notice requirements set forth in Supplemental Rule G(4). During the
pendency of this action, no individual or entity has made a timely claim to the
Defendant Firearm. On August 3, 2021, the Government filed a motion for
entry of Clerk’s default. [Doc. 5]. On August 4, 2021, the Clerk entered
default. [Doc. 6].
6
DISCUSSION
Pursuant to the Civil Asset Forfeiture Reform Act of 2000 (“CAFRA”),
the Government has the initial burden of establishing by a preponderance of
the evidence that the defendant property is subject to forfeiture.
18 U.S.C. § 983(c)(1). A complaint must “state sufficiently detailed facts to
support a reasonable belief that the government will be able to meet its
burden of proof at trial.” Fed. R. Civ. P. Supp. R. G(2)(f). The Government
may obtain forfeiture of a firearm used or intended to be used to facilitate the
transportation, sale, receipt, possession, or concealment of controlled
substances and/or proceeds traceable to such controlled substances. See
21 U.S.C. § 881(a)(11). Additionally, the Government may obtain forfeiture
of a firearm that that was knowingly possessed by an unlawful user of a
controlled substance. See 18 U.S.C. § 924(d)(1); 18 U.S.C. § 922(g)(3).
Based upon the allegations of the Government’s Verified Complaint—
which are deemed admitted as true—the Court finds that the Government
has satisfied its burden of showing that the Defendant Firearm is subject to
forfeiture under 21 U.S.C. § 881(a)(11) and 18 U.S.C. § 924(d)(1).
Additionally, the Court finds that the Government has taken reasonable steps
to provide notice to known potential claimants, and the Government has
otherwise complied with the notice requirements set forth in Supplemental
7
Rule G(4). No individual or entity has timely filed a claim to the Defendant
Firearm. After careful review, the Court finds that the Government has
established that default judgment is appropriate.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that
the Government’s Motion for Default Judgment of Forfeiture [Doc. 7] is
hereby GRANTED, and Judgment of Forfeiture is ENTERED in favor of the
United States against all persons and entities with respect to the Defendant
Firearm, that is, the SCCY Industries CPX-1 handgun identified in the
Government's Verified Complaint.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that any
right, title, and interest of all persons to the Defendant Firearm is hereby
forfeited to the United States, and no other right, title, or interest shall exist
therein.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the
United States Marshal is hereby directed to dispose of the Defendant
Firearm as provided by law. Signed: September 13, 2021
IT IS SO ORDERED.
ot vy
Chief United States District Judge AS