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U.S. v. $200

United States District Court, S.D. California


November 17, 2005.

UNITED STATES OF AMERICA, Plaintiff,
v.
$200,635.00 IN U.S. CURRENCY, Defendant.

The opinion of the court was delivered by: NAPOLEON JONES JR., District Judge

STIPULATED JUDGMENT OF FORFEITURE; ORDER THEREON

The United States of America, by and through its attorneys, Carol C. Lam, United States Attorney, and Garry G. Haehnle, Special Assistant U.S. Attorney, and the claimant, Julian Tirso Ornelas, and his attorney of record, Donovan Dunnion, stipulate as follows:

  1. That the parties have entered into this stipulation in order to resolve the matter of the seizure and forfeiture of the defendant.

  2. That the United States Department of Justice has accepted the offer in settlement which is hereinafter described in its particulars. 3. That from the defendant currency, $200,635.00, the amount of $150,476.25, shall be returned to the claimant, Julian Tirso Ornelas, through his attorney of record, Donovan Dunnion. That the remainder of the defendant currency, in the amount of $50,158.75, shall be condemned and forfeited to the United States.

  4. That the costs incurred by the Drug Enforcement Administration and the United States Marshals Service which were incident to the seizure of the defendant currency shall be divided equally between the claimant, Julian Tirso Ornelas, and the United States of America. The portion of costs from claimant, shall be deducted from claimant's settlement amount. The balance, if any, shall be released to claimant, through his attorney of record, Donovan Dunnion.

  5. That the person or persons who made the arrests, searches, and seizures, the United States and the prosecutor shall not be liable to suit or judgment on account of such actions in accordance with Title 28, United States Code, Section 2465. Julian Tirso Ornelas agrees that by entering into this stipulation, he has not "substantially prevailed" within the meaning of 28 U.S.C. § 2465. Each party shall bear its own costs and expenses, including attorney fees.

  6. That claimant, his agents, employees, or assigns, holds and saves harmless the United States of America, its agents and employees, from any and all claims which might result from the seizure of the above-described defendant. 7. That claimant, hereby waives knowingly and voluntarily, any right to a constitutional protection against multiple punishments or successive prosecutions under the Double Jeopardy Clause of the Fifth Amendment as it may relate to the allegations contained in the pleadings of this case.

  ORDER

  Having reviewed the foregoing Stipulation and good cause appearing therefor,

IT IS HEREBY ORDERED, ADJUDGED and DECREED:
The Stipulation is approved;
  1. That the United States Department of Justice has accepted the offer in settlement which is hereinafter described in its particulars.

  2. That from the defendant currency, $200,635.00, the amount of $150,476.25, shall be returned to the claimant, Julian Tirso Ornelas, through his attorney of record, Donovan Dunnion. That the remainder of the defendant currency, in the amount of $50,158.75, shall be condemned and forfeited to the United States. 3. That the costs incurred by the Drug Enforcement Administration and the United States Marshals Service which were incident to the seizure of the defendant currency shall be divided equally between the claimant, Julian Tirso Ornelas, and the United States of America. The portion of costs from claimant, shall be deducted from claimant's settlement amount. The balance, if any, shall be released to claimant, through his attorney of record, Donovan Dunnion.

  4. That the person or persons who made the arrests, searches, and seizures, the United States and the prosecutor shall not be liable to suit or judgment on account of such actions in accordance with Title 28, United States Code, Section 2465. Claimant agrees that by entering into this stipulation, he has not "substantially prevailed" within the meaning of 28 U.S.C. § 2465. Each party shall bear its own costs and expenses, including attorney fees.

  5. That the claimant, his agents, employees, or assigns, shall hold and save harmless the United States of America, its agents and employees, from any and all claims which might result from the seizure of the above-described defendant.

  6. That claimant waives knowingly and voluntarily, any right to a constitutional protection against multiple punishments or successive prosecutions under the Double Jeopardy Clause of the Fifth Amendment as it may relate to the allegations contained in the pleadings of this case.

  7. This case is hereby ordered closed. Let judgment be entered accordingly.

20051117

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