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United States v. Portillo-Guiterrez

November 3, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
SERGIO PORTILLO-GUITERREZ, AKA ALEJANDRO, AND GERARDO ALBARRAN-HERNANDEZ, AKA ARTURO SANCHEZ-MENDOZA DEFENDANTS.



The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

PRELIMINARY ORDER OF FORFEITURE

Based upon the plea agreements and the stipulation and application for preliminary order of forfeiture entered into between plaintiff United States of America and defendant Sergio Portillo-Guiterrez, it is hereby ORDERED, ADJUDGED AND DECREED as follows:

1. Pursuant to 18 U.S.C. § 982(a)(6)(A)(ii)(I)and (II), defendants Sergio Portillo-Guiterrez and Gerardo AlbarranHernandez's interest in the following property shall be condemned and forfeited to the United States of America, to be disposed of according to law:

a) Hewlett-Packard, All in One Printer, Model C-5500, serial # MY67JR72MR;

b) OKI Printing Solutions, Printer, Model # N31171A, serial # unknown;

c) Soprano RS Central Processing Unit (CPU), serial # 86183072900208;

d) Zebra Card Maker, Model P330i, serial # P3300G08765;

e) Laminator, serial # AHC 174720;

f) Paper Cutter, Model CL300;

g) Kodak digital camera, serial # KCGTU83213400; and

h) Approximately $392.00 in U.S. Currency.

2. The above-listed property constitutes or is derived from, or is traceable to proceeds obtained directly or indirectly from a violation of 18 U.S.C. § 371 and 18 U.S.C. § 1546(a), or was used or intended to be used to facilitate the commission of said violation.

3. Pursuant to Rule 32.2(b), the Attorney General (or a designee) shall be authorized to seize the above-listed property. The aforementioned property shall be seized and held by the Department of Homeland Security, Customs and Border Protection in its secure custody and control. The U.S. Marshals Service shall turn over the approximately $392.00 in U.S. Currency that was seized from defendant Sergio Portillo-Guiterrez during booking to the Department of Homeland Security, Customs and Border Protection and/or Immigration and Customs Enforcement.

4. a. Pursuant to 18 U.S.C. § 982(b)(1), incorporating 21 U.S.C. § 853(n), and Local Rule 83-171, the United States shall publish notice of the order of forfeiture. Notice of this Order and notice of the Attorney General's (or a designee's) intent to dispose of the property in such manner as the Attorney General may direct shall be posted for at least 30 consecutive days on the official internet government forfeiture site www.forfeiture.gov. The United States may also, to the extent practicable, provide direct written notice to any person known to have ...


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