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United States v. Garcia-Retamoza

United States District Court, S.D. California

April 3, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
LUIS ARTURO GARCIA-RETAMOZA, Defendant.

          PRELIMINARY ORDER OF CRIMINAL FORFEITURE

          JEFFREY T. MILLER, UNITED STATES DISTRICT JUDGE.

         WHEREAS, in the Information in the above-captioned case, the United States sought forfeiture of all right, title and interest in specific properties of Defendant LUIS ARTURO GARCIA-RETAMOZA (“Defendant”), pursuant to Title 31, United States Code, Section 5332(b)(2), as properties involved in the offense of Bulk Cash Smuggling, and all property traceable to such property, in violation of Title 31, United States Code, Section 5332(a) and (b), as charged in the Information; and

         WHEREAS, on or about February 27, 2018, Defendant pled guilty before U.S. Magistrate Judge Andrew G. Schopler to the single-count felony Information, which plea included consents to the forfeiture allegations of the Information, including forfeiture of the following:

1. $269, 857.00; in U.S. Currency, and
2. One red 2016 Nissan Juke Coupe with Baja California, Mexico license plate number ALE1140 and Vehicle Identification Number (“VIN”) JN1AF55C3GT200501; and

         WHEREAS, on March 16, 2018 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 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 18 U.S.C. § 5332 (a)(1), (b)(2), and (c)(3), 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 LUIS ARTURO GARCIA-RETAMOZA 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):

1. $269, 857.00; in U.S. Currency, and
2. One red 2016 Nissan Juke Coupe with Baja California, Mexico license plate number ALE1140 and Vehicle Identification Number ...

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