IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
December 2, 2010
UNITED STATES OF AMERICA,
2003 FORD F-250 CREW CAB TRUCK, VIN: 1FTNW21P13EB45874, LICENSE NUMBER: 7U80988,
The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge
PLAINTIFF'S STATEMENT OF NON-OPPOSITION TO CLAIMANT FREDDY WILLIAM ) RICE'S REQUEST FOR STAY;
TIME: N/A ) COURTROOM: #10,13th Fl.
Plaintiff United States of America has no opposition to claimant Freddy William Rice's request for a stay until the criminal case now pending against him in Trinity County Superior Court is concluded.
Stays are authorized pursuant to 18 U.S.C. §§ 981(g)(1), 981(g)(2), and 21 U.S.C. § 881(i). The United States contends that the defendant truck is forfeitable because it was used to facilitate the transportation and distribution of a controlled substance (marijuana). The United States intends to depose claimant Rice about his involvement in drug trafficking and the marijuana found in the truck. If discovery proceeds, Rice would be placed in the difficult position of either invoking his Fifth Amendment right against self-incrimination and losing the ability to proving his claim, or waiving his Fifth Amendment right and submitting to a deposition and potentially incriminating himself in the pending criminal matter. If Rice invokes his Fifth Amendment right, the United States will be deprived of the ability to explore the factual basis for this case.
In addition, it is reasonable to expect that Rice would want to depose the state and local law enforcement officers involved in the investigation that led to the seizure of the defendant vehicle and the criminal charges pending against him. Allowing depositions of these would adversely affect the ability of the Trinity County District Attorney's Office to properly prosecute its case against Rice.
For these reasons plaintiff does not opposed Rice's request for a stay until the conclusion of the criminal case now pending in Trinity County.
Dated: December 1, 2010
BENJAMIN B. WAGNER United States Attorney KRISTIN S. DOOR Assistant U.S. Attorney
By /s/ Kristin S. Door
For the reasons set forth above, this matter is stayed pursuant to 18 U.S.C. §§ 981(g)(1), 981(g)(2), and 21 U.S.C. § 881(i) until the conclusion of the related criminal case. Within 30 days after the criminal case has concluded claimant will file a Verified Claim to the defendant vehicle and an Answer to the Verified Complaint for Forfeiture In Rem. The parties will submit a joint status report addressing the matters set forth in the October 8, 2010, Order Setting Status (Pretrial Scheduling) Conference.
IT IS SO ORDERED.
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