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United States v. Portillo-Guiterrez

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


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 alleged an interest in the property that is the subject of the order of forfeiture as a substitute for published notice as to those persons so notified.

b. This notice shall state that any person, other than the defendants, asserting a legal interest in the above-listed property, must file a petition with the Court within sixty (60) days from the first day of publication of the Notice of Forfeiture posted on the official government forfeiture site, or within thirty (30) days from receipt of direct written notice, whichever is earlier.

5. If a petition is timely filed, upon adjudication of all third-party interests, if any, this Court will enter a Final Order of Forfeiture pursuant to 18 U.S.C. § 982(a)(6)(A)(ii)(I)and (II) in which all interests will be addressed.

20091103

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