The opinion of the court was delivered by: Hon. Michael M. Anello United States District Judge
PRELIMINARY ORDER OF CRIMINAL FORFEITURE
WHEREAS, in the Information in the above-captioned case, the United States sought forfeiture of all right, title and interest in specific properties of the above-named Defendant pursuant to Title 31, United States Code, Sections 5317(c)(1) and 5332(a)(1) and (b)(2), as properties involved in or traceable to the violation of Title 31, United States Code, Sections 5316 and 5332(a), as charged in the Information; and
WHEREAS, on or about September 2, 2010, the above-named Defendant, SAMUEL ALEJANDRO CHAVEZ ("Defendant"), pled guilty to the one-count Information before Magistrate Judge Anthony J. Battaglia, which plea included consent to the criminal forfeiture allegation pursuant to Title 31 as set forth in the Information; and
WHEREAS, on or about September 16, 2010, the plea of the above-named Defendant was accepted by the U.S. District Court; and
WHEREAS, by virtue of the facts set forth in the plea agreement, the United States has established the requisite nexus between the forfeited properties and the offense; and
WHEREAS, by virtue of said guilty plea, the United States is now entitled to possession of said properties, pursuant to 21 U.S.C. § 853, and Rule 32.2(b) of the Federal Rules of Criminal Procedure; and
WHEREAS, pursuant to Rule 32.2(b), the United States having requested the authority to take custody of the following properties, which were found forfeitable by the Court, namely:
$42,050.00 in U.S. Currency;
One 2000 Jeep Cherokee, VIN 1J4G248NXYC182312, California license number 4KBS036, its tools and appurtenances. WHEREAS, the United States, having submitted the Order herein to the Defendant through his attorney of record, to review, and no objections having been received;
Accordingly, IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
1. Based upon the guilty plea of the Defendant, the United States is hereby authorized to take custody and control of the following assets, and all right, title and interest of Defendant SAMUEL ALEJANDRO CHAVEZ, in the following properties are hereby forfeited to the United States for disposition in accordance with the law, subject to the provisions of 21 U.S.C. § 853(n): $42,050.00 in U.S. Currency;
One 2000 Jeep Cherokee, VIN 1J4G248NXYC182312, California license number 4KBS036, its tools and appurtenances.
2. The aforementioned forfeited assets are to be held by the United States Customs and Border Protection ("CBP") in its secure custody and control.
3. Pursuant to Rule 32.2(b) and (c), the United States is hereby authorized to begin proceedings consistent with any statutory requirements pertaining to ...