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United States of America v. Mariano Vallejo

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


May 17, 2012

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
MARIANO VALLEJO;
REAL PROPERTY LOCATED AT 9688 POPLAR COURT, LIVE OAK, CALIFORNIA, SUTTER COUNTY, APN: 06-670-016, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO,
DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. Lawrence K. Karlton

REQUEST FOR ORDER APPOINTING COUNSEL FOR CLAIMANT ORDER

1. On April 11, 2012, the Magistrate Judge appointed the Office of the Federal Defender to represent Mariano Vallejo in United States v. Vallejo, Cr. S. 12-0156-LKK, to which the above case has been ordered related. Mr. Vallejo signed a financial affidavit demonstrating that he was indigent and therefore financially unable to obtain representation by retained counsel.

2. On April 23, 2012, the United States filed a verified complaint for forfeiture in rem against the above property in Sutter County, California. The property is Mr. Vallejo's residence.

3. Section 983(b)(1)(A) of Title 18, United States Code, provides:

If a person with standing to contest the forfeiture of property in a civil judicial forfeiture proceeding under a civil forfeiture statute is financially unable to obtain representation by counsel, and the person is represented by counsel appointed under section 3006A of this title in connection with a related criminal case, the court may authorize counsel to represent that person with respect to the claim.

4. Pursuant to 18 U.S.C. § 983(b)(1)(A), Mr. Vallejo asks the Court to appoint the Federal Defender to represent him in the above forfeiture case. A proposed order is attached.

Respectfully submitted,

DANIEL J. BRODERICK Federal Defender Dated: May 15, 2012 /s/ Courtney Fein COURTNEY FEIN Assistant Federal Defender RACHELLE BARBOUR Research and Writing Attorney Attorneys for MARIANO VALLEJO

ORDER

Pursuant to 18 U.S.C. § 983(b)(1)(A), the Office of the Federal Defender is hereby appointed to represent Mariano Vallejo in the above case.

IT IS SO ORDERED.

20120517

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