Gonzales et al v. Comcast Corporation

Filing 68

***DISREGARDED***PRELIMINARY ORDER of Forfeiture signed by District Judge Lawrence J. O'Neill on 08/29/2011. (Flores, E)

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1 2 3 4 BENJAMIN B. WAGNER United States Attorney ELANA S. LANDAU Assistant U.S. Attorney 2500 Tulare Street, Suite 4401 Fresno, California 93721 Telephone: (559) 497-4000 5 6 7 8 IN THE UNITED STATES DISTRICT COURT FOR THE 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 Plaintiff, 13 14 v. DAVID ADRIAN BRITT, 15 Defendant. 16 ) ) ) ) ) ) ) ) ) ) ) 1:11-CR-00196-LJO PRELIMINARY ORDER OF FORFEITURE 17 Based upon the plea agreement entered into between plaintiff 18 United States of America and defendant David Adrian Britt, it is 19 hereby ORDERED, ADJUDGED, AND DECREED as follows: 20 1. Pursuant to 18 U.S.C. § 924(d) and 28 U.S.C. § 2461(c), 21 defendant David Adrian Britt’s interest in the following property 22 shall be condemned and forfeited to the United States of America, to 23 be disposed of according to law: 24 a. Taurus, Model PT945, .45 caliber pistol, bearing serial number NQF90421 b. Twelve (12) rounds of .45 caliber ammunition 25 26 27 28 2. The above-listed property constitutes firearms involved in or used in a knowing violation of 18 U.S.C. § 922(g). PRELIMINARY ORDER OF FORFEITURE 1 1 3. Pursuant to Rule 32.2(b), the Attorney General (or a 2 designee) shall be authorized to seize the above-listed property. 3 The aforementioned property shall be seized and held by the United 4 States Marshals Service, in its secure custody and control. 5 4. a. Pursuant 28 U.S.C. § 2461(c), incorporating 21 U.S.C. 6 § 853(n), and Local Rule 171, the United States shall publish notice 7 of the order of forfeiture. 8 Attorney General’s (or a designee’s) intent to dispose of the 9 property in such manner as the Attorney General may direct shall be 10 posted for at least 30 consecutive days on the official internet 11 government forfeiture site www.forfeiture.gov. 12 may also, to the extent practicable, provide direct written notice 13 to any person known to have alleged an interest in the property that 14 is the subject of the order of forfeiture as a substitute for 15 published notice as to those persons so notified. 16 b. Notice of this Order and notice of the The United States This notice shall state that any person, other than 17 the defendant, asserting a legal interest in the above-listed 18 property, must file a petition with the Court within sixty (60) days 19 from the first day of publication of the Notice of Forfeiture posted 20 on the official government forfeiture site, or within thirty (30) 21 days from receipt of direct written notice, whichever is earlier. 22 5. If a petition is timely filed, upon adjudication of 23 all third-party interests, if any, this Court will enter a Final 24 Order of Forfeiture pursuant to 18 U.S.C. § 924(d) and 28 U.S.C. 25 /// 26 /// 27 /// 28 /// PRELIMINARY ORDER OF FORFEITURE 2 1 § 2461(c) in which all interests will be addressed. 2 3 IT IS SO ORDERED. 4 5 Dated: b9ed48 August 29, 2011 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PRELIMINARY ORDER OF FORFEITURE 3

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