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United States of America v. Charles Miller Hilkey

May 23, 2012

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
CHARLES MILLER HILKEY, JR.,
DEFENDANT.



PRELIMINARY ORDER OF FORFEITURE

Based upon the plea agreement entered into between plaintiff United States of America and defendant Charles Miller Hilkey, Jr., it is hereby ORDERED, ADJUDGED AND DECREED as follows:

1. Pursuant to 21 U.S.C. § 853(a) and 31 U.S.C. § 5317(c)(1), defendant Charles Miller Hilkey, Jr.'s interest in the following properties shall be condemned and forfeited to the United States of America, to be disposed of according to law:

a) Real property located at 18810 Mandala Star Road, Nevada City, California, Nevada County, APN: 62-050-22;

b) Real property located at 20012 Sky Ridge Place, Nevada City, California, Nevada County, APN: 62-300-04;

c) Real property located at 17171 Patterson Mine Road, Nevada City, California, Nevada County, APN: 61-070-26;

d) Real property located at 15457 Tyler Foote Crossing Road, Nevada City, California, Nevada County, APN: 61-140-61;

e) Real property located at 15595 Tyler Foote Crossing Road, Nevada City, California, Nevada County APN: 61-140-54;

f) Approximately $90,830 in U.S. Currency seized at 16212 Badger Hill Road, Nevada City, California;

g) Real property located on Holcomb Springs Road, Gold Hill, Oregon, Jackson County, Map No. 353W25, Tax Lot 700;

h) Real property located on Pelton Lane, Gold Hill, Oregon, Jackson County, Map No. 353W24, Tax Lot 600; and

i) Real property south of Tyler Foote Road, Nevada City, California, Nevada County, APN: 61-140-64.

2. The above-listed properties constitute properties used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of a violation of 21 U.S.C. §§ 846 and 841(a)(1), or are properties which constitute or are derived from proceeds obtained, directly or indirectly, as a result of the said violations, and/or are properties involved in a violation of

31 U.S.C. § 5324(a)(3), or properties traceable thereto. The real properties listed above as (g)-(i) constitute substitute assets as defined in 21 U.S.C. § 853(p)(2), and are subject to forfeiture pursuant to 21 U.S.C. § 853(p)(1).

3. Pursuant to Rule 32.2(b), the Attorney General (or a designee) shall be authorized to seize the above-listed properties. The aforementioned properties shall be seized and held by the U.S. Marshals Service and/or the Internal Revenue Service ...


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