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United States of America v. Donald Woodworth Parker

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


May 9, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
DONALD WOODWORTH PARKER, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Edward J. Garcia United States District Judge

PRELIMINARY ORDER OF FORFEITURE

Based upon the entry of plea entered into between plaintiff United States of America and defendant Donald Woodworth Parker, it is hereby ORDERED, ADJUDGED AND DECREED as follows:

1. Pursuant to 16 U.S.C. § 470gg(b) and 28 U.S.C. § 2461(c), defendant Donald Woodworth Parker's interest in the following archaeological resources shall be condemned and forfeited to the United States of America, to be disposed of according to law:

a. 4 worked stone tools, one piece quartz (4 pieces total),

b. Riker Mounts with artifacts (20 pieces total),

C. 2 Riker Mounts with points and flakes (22 pieces total),

d. Obsidian chunk with flakes (4 pieces total),

E. Box of obsidian hand tools and flakes (65 pieces total), and

f. Assorted lithic flakes in small can, pie tin, plastic tub (50 pieces total).

2. The above-listed property constitutes archaeological resources which were used in connection with a violation of 16 U.S.C. § 470ee(a), (b), and (d).

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 United States Bureau of Land Management, 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 Attorney General's (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 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 16 U.S.C. § 470gg(b) and 28 U.S.C. § 2461(c), in which all interests will be addressed.

Edward J. Garcia

20110509

© 1992-2011 VersusLaw Inc.



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