Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

United States v. Solis-Prado

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


November 12, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JUAN CARLOS SOLIS-PRADO, AND LUIS MARTINEZ, 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 entered into between plaintiff United States of America and defendants Juan Carlos Solis-Prado and Luis Martinez, it is hereby ORDERED, ADJUDGED AND DECREED as follows:

1. Pursuant to 18 U.S.C. § 924(d)(1) and 28 U.S.C. § 2461(c), the respective interests of defendants Juan Carlos Solis-Prado and Luis Martinez in the following property shall be condemned and forfeited to the United States of America, to be disposed of according to law: a Hi-Point .45 caliber semi-automatic pistol, serial number 320172, with a magazine; a SKS rifle, serial number 1510308, with a detachable 30-round magazine and affixed bayonet; a Sturm Ruger, Model Mini-14, .223 caliber semi-automatic rifle, serial number 188-5900, with an attached 30-round magazine and loaded with 12 rounds of ammunition; and a Smith and Wesson .38 Special caliber revolver, serial number C672965, containing a spent shell case.

2. The above-listed property constitutes firearms and ammunition involved in or used in the knowing commission of a violation of 18 U.S.C. § 924(c)(1)(A)(i).

3. Pursuant to Rule 32.2(b)(3), 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 Bureau of Alcohol, Tobacco, Firearms and Explosives, in its secure custody and control.

4. a. Pursuant to 28 U.S.C. § 2461(c), 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 Bureau of Alcohol, Tobacco, Firearms and Explosives' (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. § 924(d)(1) and 28 U.S.C. § 2461(c), in which all interests will be addressed.

IT IS SO ORDERED.

20101112

© 1992-2010 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.