United States District Court, E.D. California
PHILLIP A. TALBERT United States Attorney KIMBERLY A. SANCHEZ
JEFFREY A. SPIVAK PATRICK J. SUTER Assistant United States
Attorneys Attorneys for Plaintiff United States of America.
UNITED STATES'S REQUEST FOR AN ORDER AUTHORIZING
DISCOVERY IN THE ANCILLARY PROCEEDING; ORDER THEREON [FED. R.
CRIM. P. 32.2(C)(1)(B)]
LAWRENCE J. O'NEILL UNITED STATES CHIEF DISTRICT JUDGE.
to Fed. R. Crim. P. 32.2(c)(1)(B), the United States requests
the Court to allow it to conduct discovery to explore the
basis for the claims filed by petitioners Catalina Olivas and
Lorena Vizcarra (collectively “Petitioners”)
regarding their interest in property forfeited from defendant
Jose Hernandez. Petitioners allege an interest in the
approximately $30, 761.00 in U.S. Currency (the
“Subject Currency”) that was seized pursuant to a
Federal search warrant in Sanger, California on November 12,
2015 as part of this criminal investigation.
December 3, 2015, Johnny Hernandez, Jose Hernandez, and
Leslie Sanchez were indicted in a three-count indictment for
conspiracy to distribute and possess with intent to
distribute methamphetamine (all defendants), possession with
intent to distribute methamphetamine (Jose Hernandez only),
and felon in possession of a firearm (Johnny Hernandez only).
(ECF No. 9.)
August 1, 2016, Johnny Hernandez pleaded guilty to both
charges against him. (ECF No. 45). He was sentenced to 87
months of incarceration on October 24, 2017. (ECF No. 57).
August 1, 2016, Leslie Sanchez pleaded guilty to the
conspiracy. (ECF No. 45). She was sentenced to 36 months of
incarceration on October 24, 2017. (ECF No. 57).
Forfeiture was not an aspect of either Johnny Hernandez or
Leslie Sanchez's pleas or sentences.
February 6, 2017, Jose Hernandez pleaded guilty to the
conspiracy charge. (ECF No. 62). On May 22, 2017, Jose
Hernandez was sentenced to five years of probation and agreed
to forfeit the Subject Currency. (ECF No. 68).
May 24, 2017, the Court entered a Preliminary Order of
Forfeiture for the Subject Currency, pursuant to 21 U.S.C.
§ 853(a), which authorizes the forfeiture of narcotics
related monies and facilitating property.
Following the Court's entry of a preliminary order of
forfeiture, the United States provided notice to potential
claimants, pursuant to 21 U.S.C. § 853(n), 18 U.S.C.
§ 1963(1) and Local Rule 171. The deadline to file a
petition was June 29, 2017.
June 8, 2017, Petitioners Catalina Olivas and Lorena Vizcarra
filed a petition for ancillary hearing contesting the
forfeiture of the Subject Currency. (ECF No. 72.) Each claims
an interest in the Subject Currency and urges that the
Subject Currency was derived from a legitimate source.