Free Order for Forfeiture of Property - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 United States of America, CR04-0765-PHX-FJM Plaintiff, v. Victor Preciado-Romo aka: Alejandro Felix-Felix, 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 Second Superseding Indictment charging

16 defendant with a violation of Title 8, United States Code, Section 1324, for which the 17 Government sought forfeiture in the forfeiture allegation pursuant to 8 U.S.C. § 1324(b) and 28 18 U.S.C. § 982(a)(6), defendant shall forfeit to the United States, the following property: three (3) Winchester 12 gauge shotgun shells; fifteen (15) R-P 9mm rounds; 19 20 21 22 and one (1) Winchester model 120 20 gauge shotgun, serial number L1671869 Defendant agrees the above listed property was involved in or used in violation of Title 8

23 United States Code, Section 1324. The defendant further agrees that the aforementioned 24 property is subject to seizure and forfeiture by the United States. 25 The Court has determined, based on the plea agreements, that the property described above 26 is subject to forfeiture pursuant to 8 U.S.C. § 1324(b), 18 U.S.C. § 924(d) and 28 U.S.C. § 2461, 27 and that the government has established the requisite nexus between such property and such 28 offenses.

Case 2:04-cr-00765-FJM

Document 87

Filed 10/20/2005

Page 1 of 3

1

Upon the entry of this Order, the United States is authorized to seize the property listed

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

5 to commence any applicable proceeding to comply with statutes governing third party rights, 6 including giving notice of this Order. 7 The United States shall publish notice of the Order and its intent to dispose of the property

8 in such a manner as the United States/Attorney General (or a designee), may direct. The United 9 States may also, to the extent practicable, provide written notice to any person known to have 10 an alleged interest in the Subject Property. 11 Any person, other than the above named defendants, asserting a legal interest in the Subject

12 Property may, within thirty days of the final publication of notice or receipt of notice, whichever 13 is earlier, petition the court for a hearing without a jury to adjudicate the validity of his alleged 14 interest in the Subject Property, and for an amendment of the order of forfeiture, pursuant to 21 15 U.S.C. § 853(n) or 28 U.S.C. § 2461(c). 16 Pursuant to Fed. R. Crim. P. 32.2(b)(3), and pursuant to defendants' consent, as contained

17 in the plea agreement, this Preliminary Order of Forfeiture shall become final as to the 18 defendants prior to sentencing and will be included in the judgment. If no third party files a 19 timely claim, this Order shall become the Final Order of Forfeiture, as provided by Fed. R. Crim. 20 P. 32.2(c)(2). 21 Any petition filed by a third party asserting an interest in the Subject Property shall be

22 signed by the petitioner under penalty of perjury and shall set forth the nature and extent of the 23 petitioner's right, title, or interest in the Subject Property, the time and circumstances of the 24 petitioner's acquisition of the right, title or interest in the Subject Property, any additional facts 25 supporting the petitioner's claim and the relief sought. 26 After the disposition of any motion filed under Fed. R. Crim. P. 32.2(c)(1)(A) and before

27 a hearing on the petition, discovery may be conducted in accordance with the Federal Rules of 28
2

Case 2:04-cr-00765-FJM

Document 87

Filed 10/20/2005

Page 2 of 3

1 Civil Procedure upon a showing that such discovery is necessary or desirable to resolve factual 2 issues. 3 The United States shall have clear title to the Subject Property following the Court's

4 disposition of all third-party interests, or, if none, following the expiration of the period 5 provided in 21 U.S.C. § 853(n)(2), for the filing of third party petitions. 6 The Court shall retain jurisdiction to enforce this Order, and to amend it as necessary,

7 pursuant to Fed. R. Crim. P. 32.2(e). 8 The Clerk of the Court shall forward two certified copies of this order to Assistant U.S.

9 Attorney LISA ROBERTS, U.S. Attorney's Office, Two Renaissance Square, 40 North Central 10 Avenue, Suite 1200, Phoenix, Arizona 85004-4408. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
3

DATED this 19th day of October, 2005.

Case 2:04-cr-00765-FJM

Document 87

Filed 10/20/2005

Page 3 of 3