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United States v. Approximately $39

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


October 4, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
APPROXIMATELY $39,558.85 IN U.S. CURRENCY SEIZED FROM BANK OF AMERICA ACCOUNT #04687-05819, HELD IN THE NAMES OF MANUEL MADUENO SANCHEZ AND AURORA VIZCARRA SANCHEZ, APPROXIMATELY $14,993.56 IN U.S. CURRENCY SEIZED FROM COMMUNITY TRUST CREDIT UNION ACCOUNT #0014437900, HELD IN THE NAMES OF AURORA VIZCARRA SANCHEZ AND ROSALVA SANCHEZ, APPROXIMATELY $14,350.29 IN U.S. CURRENCY SEIZED FROM BANK OF AMERICA ACCOUNT #04689-00646, HELD IN THE NAMES OF MANUEL MADUENO SANCHEZ AND AURORA VIZCARRA SANCHEZ, APPROXIMATELY $10,002.78 IN U.S. CURRENCY SEIZED FROM BANK OF AMERICA ACCOUNT #04685-68036, HELD IN THE NAMES OF MANUEL MADUENO SANCHEZ AND AURORA VIZCARRA SANCHEZ, AND APPROXIMATELY $15,593.00 IN U.S. CURRENCY, DEFENDANTS.

The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

STIPULATION TO STAY CASE AND TO VACATE SCHEDULING CONFERENCE; ORDER THEREON

IT IS HEREBY STIPULATED by and between Plaintiff, United States of America and Claimant Aurora Vizcarra Sanchez as follows:

1. Manuel Madueno Sanchez is presently facing federal criminal charges in the Eastern District of California, United States v. Manuel Sanchez, et al., 1:10-CR-00065-AWI, allegedly relating to transactions or events which form the basis for this civil forfeiture action.

2. The parties recognize that proceeding with this action has potential adverse affects on the prosecution of the related criminal case and/or upon Manuel Sanchez' right against self- incrimination in the related federal criminal case.

3. Publication of the civil forfeiture action is complete and to date only Aurora Vizcarra Sanchez has filed a claim and answer in this action. No other potential claimants have filed claims, answers, or otherwise appeared in this action.

THEREFORE, the parties to this action stipulate and request as follows:

1. Pursuant to 18 U.S.C. § 981(g), this action be stayed pending the conclusion of the federal criminal action presently pending against Manuel Sanchez in the Eastern District of California;

2. The Scheduling Conference in the civil case scheduled for October 26, 2010, at 9:30 a.m. in Courtroom 10 before Magistrate Judge Gary S. Austin be vacated; and,

3. The parties are to promptly notify the Court when the criminal case resolves.

Dated: September 30, 2010

BENJAMIN B. WAGNER United States Attorney

DEANNA L. MARTINEZ Assistant United States Attorney

Dated: September 28, 2010

PRECILIANO MARTINEZ Attorney for Claimant Aurora Vizcarra Sanchez (Original signature retained by attorney)

ORDER

IT IS SO ORDERED.

20101004

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