United States of America v. Approximately $19,700.00 in U.S. Currency

Filing 2

STIPULATION and ORDER Extending Time for Filing a Complaint for Forfeiture and/or to Obtain an Indictment Alleging Forfeiture, signed by District Judge Anthony W. Ishii on 7/10/2015. (Gaumnitz, R)

1 BENJAMIN B. WAGNER
United States Attorney
2 JEFFREY A. SPIVAK
Assistant U. S. Attorney
3 2500 Tulare Street, Suite 4401
Fresno, California 93721
4 Telephone: [phone]
5 Attorneys for the United States
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:15-MC-00040-AWI

UNITED STATES OF AMERICA,
Plaintiff,

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STIPULATION AND ORDER
EXTENDING TIME FOR
FILING A COMPLAINT FOR
FORFEITURE AND/OR TO
OBTAIN AN INDICTMENT
ALLEGING FORFEITURE

v.
APPROXIMATELY $19,700.00 IN U.S.
CURRENCY,

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Defendant.

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It is hereby stipulated by and between the United States of America and claimant Brad
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William Moreno (“Claimant”), by and through their respective counsel, as follows:

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1.

On or about April 13, 2015, Claimant filed a claim in the administrative forfeiture

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proceedings with the Drug Enforcement Administration with respect to the approximately
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$19,700.00 in U.S. Currency (hereafter “Defendant Currency”), which was seized on or about

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January 22, 2015.
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2.

The Drug Enforcement Administration has sent the written notice of intent to forfeit

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required by 18 U.S.C. § 983(a)(1)(A) to all known interested parties. The time has expired for any
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person to file a claim to the Defendant Currency under 18 U.S.C. § 983(a)(2)(A)-(E), and no person
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other than Claimant has filed a claim to the Defendant Currency as required by law in the
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administrative forfeiture proceeding.
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Stipulation and Order to Extend Time

3.

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

2 forfeiture against the Defendant Currency and/or to obtain an indictment alleging that the Defendant
3 Currency is subject to forfeiture within ninety days after a claim has been filed in the administrative
4 forfeiture proceedings, unless the Court extends the deadline for good cause shown or by agreement
5 of the parties. That deadline is July 12, 2015.
5.

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

7 extension to October 9, 2015, the time in which the United States is required to file a civil complaint
8 for forfeiture against the Defendant Currency and/or to obtain an indictment alleging that the
9 Defendant Currency is subject to forfeiture.
6.

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

11 required to file a complaint for forfeiture against the Defendant Currency and/or to obtain an
12 indictment alleging that the Defendant Currency is subject to forfeiture shall be extended to October
13 9, 2015.
14 Dated:

7/9/15

BENJAMIN B. WAGNER
United States Attorney

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By:

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/s/ Jeffrey A. Spivak
JEFFREY A. SPIVAK
Assistant U.S. Attorney

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19 Dated:

7/9/15

/s/ Dixie Dan Powell
DIXIE DAN POWELL
Attorney for Claimant
Brad William Moreno

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22 IT IS SO ORDERED.
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Dated: July 10, 2015
SENIOR DISTRICT JUDGE

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Stipulation and Order to Extend Time