USA v. 2004 Honda Accord

Filing 2

STIPULATION and ORDER 1 extending time signed by Judge Frank C. Damrell Jr. on 4/11/06. The deadline by which the US shall be required to file a Complaint for Forfeiture against the defendant vehicle and/or to obtain an Indictment alleging that defendant vehicle is subject to forfeiture shall be EXTENDED to 7/4/06.(Marciel, M)

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USA v. 2004 Honda Accord Doc. 2 Case 2:06-cv-00707-FCD-GGH Document 2 Filed 04/12/2006 Page 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 McGREGOR W. SCOTT United States Attorney JASON HITT Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916) 554-2700 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, 2:06-CV-00707-FCD-GGH Plaintiff, v. 2004 HONDA ACCORD, VIN: 1HGCM66574A100279, LICENSE NUMBER 5JQB367, Defendant. 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 Ernesto Aguila ("Claimant"), by and through their respective attorney, as follows: 1. On or about January 4, 2006, Claimant filed a claim, in the administrative forfeiture proceedings, with the Drug Enforcement Administration with respect to the 2004 Honda Accord, VIN: 1HGCM66574A100279, License Number 5JQB367, (the "defendant vehicle"), which was seized on or about November 3, 2005. 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 defendant vehicle under 18 U.S.C. Dockets.Justia.com Case 2:06-cv-00707-FCD-GGH Document 2 Filed 04/12/2006 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 983(a)(2)(A)-(E), and no person other than the Claimant has filed a claim to the defendant vehicle 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 defendant vehicle and/or to obtain an indictment alleging that the defendant vehicle is subject to 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. That deadline is currently April 4, 2006. As provided in 18 U.S.C. 983(a)(3)(A), the parties wish by agreement to extend to July 4, 2006, the time in which the United States is required to file a civil complaint for forfeiture against the defendant vehicle and/or to obtain an indictment alleging that the defendant vehicle is subject to forfeiture. 5. Accordingly, the parties agree that the deadline by which the United States shall be required to file a complaint for forfeiture against the defendant vehicle and/or to obtain an /// /// /// /// /// /// /// /// /// 2 Case 2:06-cv-00707-FCD-GGH Document 2 Filed 04/12/2006 Page 3 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 indictment alleging that the defendant vehicle is subject to forfeiture shall be extended to July 4, 2006. DATED:3/30/06 McGREGOR W. SCOTT United States Attorney /s/ Jason Hitt JASON HITT Assistant U.S. Attorney DATE:March 31, 2006 /s/ Johnny L. Griffin JOHNNY L. GRIFFIN III Attorney for Claimant Ernesto Aguila (Original signature retained by attorney) IT IS SO ORDERED. DATE: April 11, 2006 /s/ Frank C. Damrell Jr. UNITED STATES DISTRICT JUDGE 3

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