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United States v. Fox

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


February 4, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ROBERT JAMES FOX, DEFENDANT.

PRELIMINARY ORDER OF FORFEITURE

Based upon the plea agreement entered into between plaintiff United States of America and defendant Robert James Fox it is hereby ORDERED, ADJUDGED AND DECREED as follows:

1. Pursuant to 21 U.S.C. 853(a), 31 U.S.C. § 5332(c) and 28 U.S.C. § 2461(c), defendant Robert James Fox'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. Approximately $2,670.00 in U.S. Currency.

2. The above-listed property constitutes proceeds the defendant obtained, directly or indirectly, as a result of a violation of 21 U.S.C. § 841(a)(1), and/or is property involved in a violation of 31 U.S.C. § 5332(a), or is property traceable to such 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.

4. Within forty-five (45) days from entry of a Final Order of Forfeiture forfeiting the above-listed property, the U.S. Customs and Border Protection shall return the following properties to defendant Robert James Fox, less any debt owed to the United States, any agency of the United States, or any other debt which the United States is authorized to collect:

a. Approximately $300.00 in Canadian Currency, and

b. Approximately $100.00 in U.S. Traveler's Check.

5. a. Pursuant to 21 U.S.C. § 853(n) and 31 U.S.C. § 5332(b)(3), 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.

6. 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 21 U.S.C. 853(a), 31 U.S.C. § 5332(c) and 28 U.S.C. § 2461(c) in which all interests will be addressed.

SO ORDERED this 4th day of February , 2010.

20100204

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