IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
May 14, 2013
UNITED STATES OF AMERICA,
SERGIO ADRIAN RAMIREZ, DEFENDANT.
PRELIMINARY ORDER OF FORFEITURE
Based upon the plea agreement entered into between plaintiff United States of America and defendant Sergio Adrian Ramirez it is hereby ORDERED, ADJUDGED AND DECREED as follows:
1. Pursuant to 21 U.S.C. § 853(a), 18 U.S.C. § 924(d)(1) and 28 U.S.C. § 2461(c), defendant Sergio Adrian Ramirez's interest in the following property shall be condemned and forfeited to the United States of America, to be disposed of according to law:
a. One Smith and Wesson, 9mm pistol, serial number VAV7523;
b. One Ruger .45 caliber, pistol, serial number 66449056;
c. One Ruger P89, 9mm, pistol serial number 309-50741; and
d. One Smith and Wesson, .38 revolver, serial number 169.
2. The above-listed property constitutes firearms involved in or used in the knowing commission of a violation of 18 U.S.C. § 922(g)(1).
3. Pursuant to Rule 32.2(b)(3), the Attorney General (or a designee) shall be authorized to 1 Preliminary Order of Forfeiture seize the above-listed property. The aforementioned property shall be seized and held by the Bureau of Alcohol, Tobacco, Firearms and Explosives, 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 18 U.S.C. § 924(d)(1) and 28 U.S.C. § 2461(c), in which all interests will be addressed.
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