Free Order - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 United States of America CR-04-992-PHX-SRB Plaintiff, v. Angelino Rangel-Gonzalez, Defendant.
IT IS HEREBY ORDERED THAT:

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

PRELIMINARY ORDER OF FORFEITURE

As the result of the guilty plea to Count 2 of the Indictment, charging Defendant ANGELINO RANGEL-GONZALEZ (hereinafter Defendant) with violation of Title 18, United States Code, Section 922(g)(5), Illegal Alien in Possession of a Firearm, as alleged in the Indictment, for which the Government sought forfeiture in the forfeiture allegation pursuant to Title 18, United States Code, Section 924(d) and Title 28, United States Code, Section 2461, Defendant shall forfeit to the United States the following property; one (1) Bushmaster, .223 caliber, semi-automatic rifle, serial number L321153, one (1) Colt Mark IV series 380, .380 caliber, semi-automatic pistol, serial number FR23666E, and one (1) Cobray Model PM12, .380 caliber, semi-automatic pistol serial number 12-0013650. Defendant agrees the above listed firearms was involved in or used in relation to a violation of Title 18, United States Code, Section 922(g)(5). Defendant further agrees that the

aforementioned firearms are subject to seizure and forfeiture by the United States. The Court has determined, based on Defendant's plea agreement, that the property described above is subject to forfeiture pursuant to Title 18, United States Code, Section 924(d) and Title

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1 28, United States Code, Section 2461, and that the government has established the requisite 2 nexus between such property and such offenses. 3 Upon the entry of this Order, the United States is authorized to seize the property listed

4 above and to conduct any discovery proper in identifying, locating or disposing of the property 5 subject to forfeiture, in accordance with Fed. R. Crim. P. 32.2(b)(3). 6 Upon entry of this Order, the United States/Attorney General (or a designee); is authorized

7 to commence any applicable proceeding to comply with statutes governing third party rights, 8 including giving notice of this Order. 9 The United States shall publish notice of the Order and its intent to dispose of the property

10 in such a manner as the United States/Attorney General (or a designee), may direct. The United 11 States may also, to the extent practicable, provide written notice to any person known to have 12 an alleged interest in the Subject Property. 13 Any person, other than the above named defendant, asserting a legal interest in the Subject

14 Property may, within thirty days of the final publication of notice or receipt of notice, whichever 15 is earlier, petition the court for a hearing without a jury to adjudicate the validity of his alleged 16 interest in the Subject Property, and for an amendment of the order of forfeiture, pursuant to 17 Title 21, United States Code, Section 853(n) or Title 28, United States Code, Section 2461(c). 18 Pursuant to Fed. R. Crim. P. 32.2(b)(3), and pursuant to defendants consent, as contained

19 in the plea agreement, this Preliminary Order of Forfeiture shall become final as to the defendant 20 prior to defendant's sentencing and will be included in the judgment. If no third party files a 21 timely claim, this Order shall become the Final Order of Forfeiture, as provided by Fed. R. Crim. 22 P. 32.2(c)(2). 23 Any petition filed by a third party asserting an interest in the Subject Property shall be

24 signed by the petitioner under penalty of perjury and shall set forth the nature and extent of the 25 petitioner's right, title, or interest in the Subject Property, the time and circumstances of the 26 petitioner's acquisition of the right, title or interest in the Subject Property, any additional facts 27 supporting the petitioner's claim and the relief sought. 28
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After the disposition of any motion filed under Fed. R. Crim. P. 32.2(c)(1)(A) and before

2 a hearing on the petition, discovery may be conducted in accordance with the Federal Rules of 3 Civil Procedure upon a showing that such discovery is necessary or desirable to resolve factual 4 issues. 5 The United States shall have clear title to the Subject Property following the Court's

6 disposition of all third-party interests, or, if none, following the expiration of the period 7 provided in Title 21, United States Code, Section 853(n)(2), for the filing of third party petitions. 8 The Court shall retain jurisdiction to enforce this Order, and to amend it as necessary,

9 pursuant to Fed. R. Crim. P. 32.2(e). 10 The Clerk of the Court shall forward two certified copies of this order to Assistant U.S.

11 Attorney LISA ROBERTS, U.S. Attorney's Office, Two Renaissance Square, 40 North Central 12 Avenue, Suite 1200, Phoenix, Arizona 85004-4408. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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DATED this 27th day of September, 2005.

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