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United States v. Guardado

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


January 11, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JOSE MANUEL GUARDADO, AKA MANUEL GUARDADO DEFENDANT.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

PRELIMINARY ORDER OF FORFEITURE

Based upon the plea agreement entered into between plaintiff United States of America and defendant Jose Manuel Guardado, aka Manuel Guardado it is hereby

ORDERED, ADJUDGED AND DECREED as follows:

1. Pursuant to 18 U.S.C. §§§ 982(a)(2)(B), 982(a)(6), and 1028(b), defendant Jose Manuel Guardado, aka Manuel Guardado'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) One Dell Laptop Computer, serial number CN06P823-48643-2AM-5705;

b) One Canon printer/scanner, serial number JPDA56083;

c) One Apple iPhone, serial number FCC1DBCGA1241;

d) One ACC personal laminator, serial number TH05162X; and,

e) GBC laser paper cutter, model CL300 ProL, no serial number.

2. The above-listed property constitutes property used, and intended to be used, in any manner or part, to commit and to facilitate the commission of a violation of 18 U.S.C. § 1028(a)(1).

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, Immigration and Customs Enforcement, in its secure custody and control.

4. a. Pursuant to 18 U.S.C. § 1028(g), incorporating 21 U.S.C. § 853(n), and Local Rule 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 defendant, 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)(2)(B), 982(a)(6), and 1028(b) in which all interests will be addressed.

IT IS SO ORDERED.

20100111

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