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United States of America v. Alex Zavala-Tapia

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


July 27, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
ALEX ZAVALA-TAPIA, ET AL., DEFENDANTS.

PRELIMINARY ORDER OF FORFEITURE

Based upon the plea agreements entered into between plaintiff United States of America and defendants Norman Angelo Mike, Miguel Abundez Mosqueda, and Jose Mendoza-Garcia, it is hereby ORDERED, ADJUDGED, AND DECREED as follows:

1. Pursuant to 18 U.S.C. § 924(d)(1), 28 U.S.C. § 2461(c), and 21 U.S.C. § 853(a), defendants Norman Angelo Mike, Miguel Abundez Mosqueda, and Jose Mendoza-Garcia's interests in the following property shall be condemned and forfeited to the United States of America, to be disposed of according to law:

a) a Rossi brand combination survival .22 caliber rifle and 20 gauge shotgun, serial number SP436500, imported by Braztech L.C., and approximately fifteen 20 gauge shotgun shells.

1 Preliminary Order of Forfeiture

2. The above-listed property constitutes firearms and ammunition involved in or used in a knowing violations of 18 U.S.C. § 924(c)(1)(A)(i) and 21 U.S.C. §§ 846 and 841(a)(1).

3. Pursuant to Rule 32.2(b), the Attorney General (or his designee) shall be authorized to seize the above-listed property. The aforementioned property shall be seized and held by the United States, 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 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

2 Preliminary Order of Forfeiture

Order of Forfeiture pursuant to 18 U.S.C. § 924(d)(1), 28 U.S.C. § 2461(c), and 21 U.S.C. § 853(a), in which all interests will be addressed.

3 Preliminary Order of Forfeiture

20110727

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