United States v. Approximately $36,950.00 in U.S. Currency

Filing 2

STIPULATION and ORDER extending the United States' time to file a complaint for forfeiture to 11/7/1014. Signed by Magistrate Judge Stanley A. Boone on 9/11/2014. (Hernandez, M)

1 BENJAMIN B. WAGNER
United States Attorney
2 JEFFREY A. SPIVAK
Assistant United States Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
Facsimile: [phone]
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6 Attorneys for Plaintiff
United States of America
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,
Plaintiff,

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v.

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APPROXIMATELY $36,950.00 IN U.S.
CURRENCY,

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CASE NO. 1:14-MC-00062-LJO
STIPULATION AND ORDER EXTENDING
THE UNITED STATES’ TIME TO FILE A
COMPLAINT FOR FORFEITURE AND/OR
TO OBTAIN AN INDICTMENT ALLEGING
FORFEITURE

Defendant.

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It is hereby stipulated by and between the United States of America and Claimants

18 Dwayne Taylor and RLF Print Ship (hereafter “Claimants”), by and through their
19 respective attorney, as follows:
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1.

On or about June 12, 2014, Claimant filed a claim, in the administrative

21 forfeiture proceeding, with the United States Postal Inspection Service with respect to the
22 approximately $36,950.00 in U.S. Currency (hereafter “currency”), which was seized on or
23 about March 20, 2014.
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2.

The United States Postal Inspection Service sent the written notice of intent

25 to forfeit required by 18 U.S.C. § 983(a)(1)(A) to all known interested parties. The time
26 has expired for any person to file a claim to the currency under 18 U.S.C. § 983(a)(2)(A)27 (E), and no person other than the Claimant has filed a claim to the currency as required
28 by law in the administrative forfeiture proceeding.
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3.

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Under 18 U.S.C. § 983(a)(3)(A), the United States is required to file a

2 complaint for forfeiture against the currency and/or to obtain an indictment alleging that
3 the currency is subject to forfeiture within 90 days after a claim has been filed in the
4 administrative forfeiture proceedings, unless the court extends the deadline for good cause
5 shown or by agreement of the parties.
4.

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As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to

7 extend to November 7, 2014, the time in which the United States is required to file a civil
8 complaint for forfeiture against the currency and/or to obtain an indictment alleging that
9 the currency is subject to forfeiture.
5.

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Accordingly, the parties agree that the deadline by which the United States

11 shall be required to file a complaint for forfeiture against the currency and/or to obtain an
12 indictment alleging that the currency is subject to forfeiture shall be extended to
13 November 7, 2014.
14 Dated: September 9, 2014

BENJAMIN B. WAGNER
United States Attorney

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By:

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/s/ Jeffrey A. Spivak
JEFFREY A. SPIVAK
Assistant United States Attorney

By:

/s/ Randolph Krbechek
RANDOLPH KRBECHEK
Attorney for Claimants Dwayne Taylor and
RLF Print Shop
(Original signature retained by attorney)

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19 Dated: September 8, 2014
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IT IS SO ORDERED.

24 Dated:

September 11, 2014
UNITED STATES MAGISTRATE JUDGE

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