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United States v. Ayala-Aguirre

United States District Court, S.D. California

November 13, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
JOSE LUIS AYALA-AGUIRRE (2), Defendant.

          PRELIMINARY ORDER OF CRIMINAL FORFEITURE

          WILLIAM Q. HAYES, JUDGE UNITED STATES DISTRICT COURT

         Order WHEREAS, in the Information in the above-captioned case, the United States sought forfeiture of all right, title and interest in specific property of Defendant JOSE LUIS AYALA-AGUIRRE (2) ("Defendant"), pursuant to 18 U.S.C. § 922(g)(5) and 28 U.S.C. § 2461(c), as property involved in the violation of Title 18, United States Code, Section 922(g)(5) and 924(a)(2), as charged in the Information; and

         WHEREAS, on or about October 31, 2017, Defendant pled guilty before Magistrate Judge Bernard G. Skomal to Count 3 of the Information, which plea included consents to the forfeiture allegations of the Information, including forfeiture of the following:

One fully-loaded Smith & Wesson .38 Special Revolver, bearing serial number 96104 and .38 caliber ammunition; and

         WHEREAS, on November 3, 2017 this Court accepted the guilty plea of Defendant; and

         WHEREAS, by virtue of the facts set forth in the plea agreement and forfeiture addendum, the United States has established the requisite nexus between the forfeited property and the offense; and

         WHEREAS, by virtue of said guilty plea, the United States is now entitled to possession of the above-referenced property, pursuant to 18 U.S.C. § 922(g)(5), 28 U.S.C. § 2461(c) 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 property which was 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 asset, and all right, title and interest of Defendant JOSE LUIS AYALA-AGUIRRE (2) in the following property 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):

One fully-loaded Smith & Wesson .38 Special Revolver, bearing serial number 96104 and .38 caliber ammunition.

         2. The aforementioned forfeited asset is to be held by United States Customs and Border Protection 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 ...


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