USA v. Approximately $29,000.00 in U.S. Currency et al

Filing 21

ORDER GRANTING Defendant's Request for Expanded Appointment 20 signed by Judge Sandra M. Snyder on 4/27/2009. (Herman, H)

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UNITED STATES DISTRICT COURT
7 EASTERN DISTRICT OF CALIFORNIA 8 9 UNITED STATES OF AMERICA, 10 Plaintiff, 11 v. 12 APPROXIMATELY $29,000.00 IN U.S. CURRENCY, et al., 13 Defendants. 14 15 16 Plaintiff is proceeding with a civil action in this Court. ) ) ) ) ) ) ) ) ) ) ) 1:08-cv-00988-AWI-SMS ORDER GRANTING DEFENDANT'S REQUEST FOR EXPANDED APPOINTMENT (DOC. 20)

17 The matter has been referred to the Magistrate Judge pursuant to 18 28 U.S.C. § 636(b) and Local Rules 72-302 and 72-303. Pending 19 before the Court is the request for expanded appointment of the 20 Office of the Federal Defender, filed on April 15, 2009. 21 Title 18 U.S.C. ¶ 983(b)(1)(A) provides that if a person

22 with standing to contest the forfeiture of property in a judicial 23 civil forfeiture proceeding under a civil forfeiture statute is 24 financially unable to obtain representation by counsel, and the 25 person is represented by counsel appointed under 18 U.S.C. § 26 3006A in connection with a related criminal case, the Court may 27 authorize counsel to represent that person with respect to the 28 claim. 1

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Reference to the docket in United States of America v. Joel

2 Gallegos, 1:08-cr-00068-AWI, reveals that Defendant Joel Gallegos 3 is represented by the Office of the Federal Defender. 4 Reference to the forfeiture complaint in this civil action

5 reflects that it is alleged that Gallegos is or was the 6 registered owner of property sought to be forfeited; further, 7 Gallegos filed an apparently timely claim and answer; thus, 8 Gallegos appears to have standing and to be proceeding in good 9 faith. 10 Accordingly, it IS ORDERED that Defendant's request for

11 expanded appointment IS GRANTED, and the Office of the Federal 12 Defender IS AUTHORIZED TO, and IS APPOINTED to represent Jel 13 Gallegos with respect to the claim concerning the forfeiture 14 sought herein. 15 16 IT IS SO ORDERED. 17 Dated: icido3 18 19 20 21 22 23 24 25 26 27 28 2 April 27, 2009 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE