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United States of America v. Fernando Yee Rosales

September 28, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
FERNANDO YEE ROSALES,
DEFENDANT.



The opinion of the court was delivered by: Honorable Barry Ted Moskowitz United States District Judge

PRELIMINARY ORDER OF CRIMINAL FORFEITURE

WHEREAS, in the Superseding Information in the above-captioned case, the United States sought forfeiture of all right, title and interest in specific properties of the above-named Defendant pursuant to 31 U.S.C. § 5332(a)(1) and (b)(2) as properties involved in and traceable to the offense to which Defendant is pleading guilty, as charged in the Superseding Information; and

WHEREAS, on or about July 14, 2011, the above-named Defendant, FERNANDO YEE ROSALES ("Defendant"), pled guilty to Count 1 of the Superseding Information, which plea included consent to the criminal forfeiture allegation pursuant to Title 31 as set forth in Count 1of the Superseding Information; and

WHEREAS, on August 31, 2011, this Court accepted Defendant's plea (order filed September 2, 2011); and

WHEREAS, by virtue of the facts set forth in the plea agreement, the United States has established the requisite nexus between the forfeited properties and the offense; and

WHEREAS, by virtue of said guilty plea, the United States is now entitled to possession of said properties, pursuant to 31 U.S.C. § 5332 and Rule 32.2(b) of the Federal Rules of Criminal Procedure; and

WHEREAS, pursuant to Rule 32.2(b)(3), the United States having requested the authority to take custody of the following properties which were found forfeitable by the Court, namely:

a. $175,531.00 in United States currency, and

b. One 2008 white Jeep Commander, VIN 1J8HH48K18C110311, CA license number 6AHA800; and

WHEREAS, the United States, having submitted the Order herein to the Defendant through his attorney of record, to review, and no objections having been received;

Accordingly, IT IS HEREBY ORDERED, ADJUDGED AND DECREED:

1. Based upon the guilty plea of the Defendant, the United States is hereby authorized to take custody and control of the following assets, and all right, title and interest of Defendant FERNANDO YEE ROSALES in the following properties are hereby forfeited to the United States for disposition in accordance with the law, subject to the provisions of 21 U.S.C. § 853(n):

a. $175,531.00 in United States currency, and

b. One 2008 white Jeep Commander, VIN 1J8HH48K18C110311, CA ...


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