Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Approximately $7

United States District Court, E.D. California

May 30, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
APPROXIMATELY $7, 000.00 IN U.S. CURRENCY, Defendant.

          McGREGOR W. SCOTT United States Attorney KEVIN C. KHASIGIAN Assistant U.S. Attorney Attorneys for the United States

          CONSENT JUDGMENT OF FORFEITURE

          Troy L. Nunley United States District Judge

         Pursuant to the Stipulation for Consent Judgment of Forfeiture, the Court finds:

         1. On December 2, 2017, inspectors with the United States Postal Inspection Service (“USPIS”) seized approximately $7, 000.00 in U.S. Currency (“the defendant currency”) from Erick Geovany Carrera (“Carrera” or “claimant”) during a parcel interdiction at the Processing and Distribution Center located in West Sacramento, California.

         2. USPIS commenced administrative forfeiture proceedings, sending direct written notice to all known potential claimants and publishing notice to all others. On or about January 29, 2018, USPIS received a claim from Carrera asserting an ownership interest in the defendant currency.

         3. The United States represents that it could show at a forfeiture trial that on December 2, 2017, USPIS conducted a parcel interdiction at the Processing and Distribution Center located at 3775 Industrial Boulevard, West Sacramento, California. During the interdiction, law enforcement officials identified a parcel that bore markers consistent with parcels used for shipping contraband, package # EL529972244US. The package was addressed to Brian Sawyer, 702 Thrasher Avenue, Modesto, California 95354, with the following return address: Erick Carrera, 864 State Route 46 South, Jefferson, OH 44047.

         4. The United States represents that it could further show at a forfeiture trial that the parcel was presented to a drug detection dog, who positively alerted to the presence of the odor of narcotics.

         5. The United States represents that it could further show at a forfeiture trial that on December 2, 2017, Postal Inspectors attempted to contact the recipient by phone, but had to leave a voice mail message. Inspectors then received a call back from Carrera. Mr. Carrera told Inspectors the parcel was a surprise gift for Mr. Sawyer. Carrera stated the $7, 000.00 was in a heat-sealed package inside a coffee mug and gave them consent to open the parcel. Inside the Priority Mail express parcel was clothing. Concealed in a child's onesie was a heat-sealed package with a metal coffee cup with a closed lid that contained cash totaling $7, 000.00. The currency consisted mainly of $20 bills, making up 230 of the 273 bills found. The parcel did not contain any notes, receipts, or instructions.

         6. The United States could further show at a forfeiture trial that the defendant currency is forfeitable to the United States pursuant to 21 U.S.C. § 881(a)(6).

         7. Without admitting the truth of the factual assertions contained above, Carrera specifically denying the same, and for the purpose of reaching an amicable resolution and compromise of this matter, claimant agrees that an adequate factual basis exists to support forfeiture of the defendant currency. Carrera hereby acknowledges that he is the sole owner of the defendant currency, and that no other person or entity has any legitimate claim of interest therein. Should any person or entity institute any kind of claim or action against the government with regard to its forfeiture of the defendant currency, claimant shall hold harmless and indemnify the United States, as set forth below.

         8. This Court has jurisdiction in this matter pursuant to 28 U.S.C. §§ 1345 and 1355, as this is the judicial district in which acts or omissions giving rise to the forfeiture occurred.

         9. This Court has venue pursuant to 28 U.S.C. § 1395, as this is the judicial district in which the defendant currency was seized.

         10. The parties herein desire to settle this matter pursuant to the terms of a duly executed Stipulation for Consent Judgment of Forfeiture.

         Based upon the above findings, and the files and records of the Court, it ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.