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United States of America v. Jose Dejesus Galvez-Garcia

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


March 25, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
JOSE DEJESUS GALVEZ-GARCIA,JUAN BERNARDINO GALVEZ, ERENDIRA MACHADO-MONTOYA, JESUS ESTRADA PINEDA, ERNESTO CORNEJO-HERRERA, AND JUAN LARIOS-MORFIN, DEFENDANTS.

BENJAMIN B. WAGNER United States Attorney SAMUEL WONG Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 Telephone: (916) 554-2700

PRELIMINARY ORDER OF FORFEITURE

Based upon the plea agreement entered into between plaintiff United States of America and defendant Ernesto Cornejo-Herrera, it is hereby ORDERED, ADJUDGED AND DECREED as follows:

1. Pursuant to 21 U.S.C. § 853(a), defendant Ernesto CornejoHerrera'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) a Remington Model 870, 12 gauge pump shotgun, serial number C656868, a scabbard, and approximately nine shotgun shells; a Ruger Model 10-22, .22 caliber semiautomatic rifle, serial number 23934321, loaded with approximately 21 rounds of ammunition.

1 Preliminary Order of Forfeiture

2. The above-listed property is property used, or intended to be used, in any matter or part, to commit, or to facilitate the commission of violations of 21 U.S.C. §§ 841(a)(1) and 846.

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 Bureau of Alcohol, Tobacco, Firearms and Explosives, in its secure custody and control.

4. a. Pursuant to 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 Attorney General's (or his 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.

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 21 U.S.C. § 853(a), in which all interests will be addressed.

20110325

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