United States of America v. Approximately $400,720.00 in U.S. Currency et al

Filing 2

STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 3/3/11. The parties agree that the deadline by which the United States shall be required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to forfeiture shall be extended to 6/20/2011.(Mena-Sanchez, L)

-KJN United States of America v. Approximately $400,720.00 in U.S. Currency et al

Doc. 2

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BENJAMIN B. WAGNER United States Attorney KELLI L. TAYLOR Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: [phone]

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

UNITED STATES OF AMERICA, Plaintiff, v. APPROXIMATELY $400,720.00 IN U.S. CURRENCY, APPROXIMATELY $294,967.00 IN U.S. CURRENCY, APPROXIMATELY $3,073.00 IN U.S. CURRENCY, APPROXIMATELY $399,940.00 IN U.S. CURRENCY, APPROXIMATELY $200,000.00 IN U.S. CURRENCY, Defendants.

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2:11-MC-00021-LKK-KJN STIPULATION AND ORDER EXTENDING TIME FOR FILING 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 Lonnie Patrick Terrell ("claimant"), by and through their respective attorney, as follows: 1. On or about December 22, 2010, claimant Lonnie Patrick

Terrell filed claims, in the administrative forfeiture proceedings, with the Drug Enforcement Administration with respect to the five

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Stipulation and Order to Extend Time

Dockets.Justia.com

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assets listed in the above-caption (hereafter the "defendant currency"), which were seized October 27, 2010. 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 currency under 18 U.S.C. § 983(a)(2)(A)-(E), and no person other than claimant has filed a claim to the defendant 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 defendant currency and/or to obtain an indictment alleging that the defendant currency 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 March 22, 2011.

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

by agreement to extend to June 20, 2011, the time in which the United States is required to file a civil complaint for forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant currency 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 currency and/or to obtain an /// /// /// ///

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Stipulation and Order to Extend Time

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indictment alleging that the defendant currency is subject to forfeiture shall be extended to June 20, 2011. BENJAMIN B. WAGNER United States Attorney DATE: 2/28/11 /s/ Kelli L. Taylor KELLI L. TAYLOR Assistant U.S. Attorney

DATE: 2-24-11

/s/ Zenia K. Gilg ZENIA K. GILG Attorney for Claimant Lonnie Patrick Terrell (Original signature retained by attorney)

IT IS SO ORDERED.

DATED: March 3, 2011.

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Stipulation and Order to Extend Time