United States v. Approximately $19,500.00 in U.S. Currency

Filing 4

STIPULATION and ORDER Extending the United States' Time to File a Complaint for Forfeiture and/or to Obtain an Indictment Alleging Forfeiture, signed by Chief Judge Anthony W. Ishii on 1/30/09. (Hellings, J)

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LAWRENCE G. BROWN Acting United States Attorney DEANNA L. MARTINEZ Assistant United States Attorney United States Courthouse 2500 Tulare Street, Suite 4401 Fresno, California 93721 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,

) ) Plaintiff, ) ) v. ) ) APPROXIMATELY $19,500.00 IN U.S. ) CURRENCY, ) ) Defendant. ) _____________________________________)

1:08-MC-00044-AWI SECOND STIPULATION AND ORDER EXTENDING THE UNITED STATES' TIME TO FILE A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE

It is hereby stipulated by and between the United States of America and Claimant Jesus Fletes (hereafter "Claimant"), by and through his respective attorney, as follows: 1. On or about September 22, 2008, Claimant filed a claim, in the administrative

forfeiture proceeding, with the Drug Enforcement Administration with respect to the approximately $19,500.00 in U.S. Currency (hereafter "currency"), which was seized on or about July 26, 2008. 2. The Drug Enforcement Administration has sent the written notice of intent to forfeit

required by 18 U.S.C. § 983(a)(1)(A) to all known interested parties. The time has expired for any person to file a claim to the currency under 18 U.S.C. § 983(a)(2)(A)-(E), and no person other than the Claimant has filed a claim to the currency as required by law in the administrative forfeiture proceeding. 3. Under 18 U.S.C. § 983(a)(3)(A), the United States is required to file a complaint for

forfeiture against the currency and/or to obtain an indictment alleging that the currency is subject to

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forfeiture within 90 days after a claim has been filed in the administrative forfeiture proceedings, unless the court extends the deadline for good cause shown or by agreement of the parties. 4. By Stipulation and Order filed on December 22, 2008, the parties stipulated to extend

to February 1, 2009, the time in which to file a complaint for forfeiture and/or to obtain an indictment alleging forfeiture. 5. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to further

extend to May 2, 2009 (90 days), the time in which the United States is required to file a civil complaint for forfeiture against the currency and/or to obtain an indictment alleging that the currency is subject to forfeiture. The parties request an extension in order to determine whether the forfeiture can be resolved with the pending criminal matter. 6. Accordingly, the parties agree that the deadline by which the United States shall be

required to file a complaint for forfeiture against the currency and/or to obtain an indictment alleging that the currency is subject to forfeiture shall be further extended to May 2, 2009. Dated: January 30, 2009 LAWRENCE G. BROWN Acting United States Attorney /s/ Deanna L. Martinez DEANNA L. MARTINEZ Assistant United States Attorney

Dated: January 30, 2009

/s/ Nicholas F. Reyes NICHOLAS F. REYES Attorney for Claimant Jesus Fletes (Original signature retained by attorney) ORDER

IT IS SO ORDERED. Dated: 0m8i78 January 30, 2009 /s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE

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