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

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15

PAUL K. CHARLTON United States Attorney District of Arizona GARY M. RESTAINO Assistant U.S. Attorney Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Arizona State Bar No. 017450 Telephone (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, CR04-0765-PHX-FJM Plaintiff, v. Victor Preciado-Romo, aka: Alejandro Felix-Felix, Defendant. The United States, through counsel undersigned, moves this Court for a preliminary order GOVERNMENT'S MOTION FOR A PRELIMINARY ORDER OF FORFEITURE

16 of forfeiture as to the property referenced in the plea agreement: three (3) Winchester 12 gauge 17 shotgun shells; fifteen (15) R-P 9mm rounds; and one (1) Winchester model 120 20 gauge 18 shotgun, serial number L1671869. Defendant entered a change of plea and executed the plea 19 agreement on August 11, 2005. Defendant agreed in Section 8 of the plea agreement to 20 renounce all right, title and interest in the property, and further agreed that the property is subject 21 to forfeiture. Accordingly, pursuant to Fed. R. Crim. P. 32.2(b), the government moves for a 22 preliminary order declaring the forfeiture of the above firearm and magazine. The proposed 23 preliminary order is lodged separately. 24 Undersigned counsel has spoken with Charles Slack-Mendez, attorney for defendant, 25 about this motion, and he has no objection. 26 No excludable delay is expected to result from the filing of this Motion or from the entry 27 of the proposed Order. 28

Case 2:04-cr-00765-FJM

Document 86

Filed 10/11/2005

Page 1 of 2

1 2 3 4 5 6 7 8 9

Respectfully submitted this 11th day of October, 2005.

PAUL K. CHARLTON United States Attorney District of Arizona s/ Gary Restaino GARY M. RESTAINO Assistant U.S. Attorney

CERTIFICATE OF SERVICE 10 I hereby certify that on this date, I served the attached document by mail to the following lawyer 11 who is listed as a registered participant of the CM/ECF system: Charles Slack-Mendez. 12 s/ Gary Restaino 13 GARY M. RESTAINO Assistant U.S. Attorney 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
Case 2:04-cr-00765-FJM Document 86 Filed 10/11/2005 Page 2 of 2