United States District Court, S.D. California
PRELIMINARY ORDER OF CRIMINAL FORFEITURE
Hon.
Gonzalo P. Curiel, United States District Judge
WHEREAS,
in the Superseding Indictment in the above-captioned case,
the United States sought forfeiture of all right, title and
interest in specific properties of the above-named Defendant,
JOSE ESPINOZA (2) ("Defendant"), pursuant to Title
21, United States Code, Section 853, as properties
constituting, or derived from, any proceeds Defendant
obtained directly or indirectly, as the result of the
violation of 21 U.S.C. §§ 841(a)(1) and 846, as
well as any properties used or intended to be used to
facilitate the commission of these violations, as charged in
the Superseding Indictment; and WHEREAS, on or about June 7,
2016, Defendant pled guilty before Magistrate Judge Karen S.
Crawford to Count 1 of the Superseding Indictment, which plea
included consents to the forfeiture allegations of the
Superseding Indictment, and to the forfeiture of all property
seized in connection with this case, including the following:
a. One 2007 Maroon Nissan X-Terra, California license plate
PERDDO, VIN 5N1AN08W37C514847, and
b. $4, 900.00 in U.S. Currency; and WHEREAS, on July 12,
2016, this Court accepted the guilty plea of Defendant; 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 the above-referenced properties,
pursuant to 21 U.S.C. § 853 and Rule 32.2(b) of the
Federal Rules of Criminal Procedure; and
WHEREAS,
pursuant to Rule 32.2(b), the United States having requested
the authority to take custody of the above-referenced
properties which were found forfeitable by the Court; 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 JOSE ESPINOZA (2) 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. One
2007 Maroon Nissan X-Terra, California license plate PERDDO,
VIN 5N1AN08W37C514847, and b. $4, 900.00 in U.S. Currency.
2. The
aforementioned forfeited assets are to be held by the United
States Marshals Service in its secure custody and control.
3.
Pursuant to Rule 32.2(b) and (c), the United States is hereby
authorized to begin proceedings consistent with any statutory
requirements pertaining to ancillary hearings and rights of
third parties. The Court shall conduct ancillary proceedings
as the Court deems appropriate only upon the receipt of
timely third party petitions filed with the Court and served
upon the United States. The Court may determine any petition
without the need for further hearings upon the receipt of the
Government’s response to any petition. The Court may
enter an amended order without further notice to the parties.
4.
Pursuant to the Attorney General’s authority under
Section 853(n)(1) of Title 21, United States Code, Rule
32.2(b)(6), Fed. R. Crim. P., and Rule G(4) of the
Supplemental Rules for Admiralty or Maritime Claims and Asset
Forfeiture Actions, the United States forthwith shall publish
for thirty (30) consecutive days on the Government’s
forfeiture website, www.forfeiture.gov, notice of
this Order, notice of the United States’ intent to
dispose of the properties in such manner as the Attorney
General may direct, and notice that any person, other than
the Defendant, having or claiming a legal interest in the
above-listed forfeited properties must file a petition with
the Court within thirty (30) days of the final publication of
notice or of receipt of actual notice, whichever is earlier.
5. This
notice shall state that the petition shall be for a hearing
to adjudicate the validity of the petitioner's alleged
interest in the property, shall be signed by the petitioner
under penalty of perjury, and shall set forth the nature and
extent of the petitioner's right, title or interest in
the forfeited ...