United States of America v. Approximately $67,900.00 in U.S. Currency et al

Filing 2

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 4/19/13: 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 June 11, 2013. (Kaminski, H)

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

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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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UNITED STATES OF AMERICA,

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Plaintiff,

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v.
APPROXIMATELY $67,900.00 IN U.S.
CURRENCY, and

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

APPROXIMATELY $3,722.00 IN U.S.
CURRENCY,

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2:13-MC-00039-MCE-DAD

Defendants.

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

20 Yovani Lopez (“claimant”), by and through their respective counsel, as follows:
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1.

On or about January 14, 2013, claimant Alejandro Yovani Lopez filed a claim in the

22 administrative forfeiture proceedings, with the Drug Enforcement Administration with respect to the
23 Approximately $67,900.00 in U.S. Currency and Approximately $3,722.00 in U.S. Currency (hereafter
24 “defendant currency”), which was seized on October 1, 2012.
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2.

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

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

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

3 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
4 currency is subject to forfeiture within ninety days after a claim has been filed in the administrative
5 forfeiture proceeding, unless the court extends the deadline for good cause shown or by agreement of the
6 parties. That deadline is April 12, 2013.
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4.

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

8 11, 2013, the time in which the United States is required to file a civil complaint for forfeiture against
9 the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
10 forfeiture.
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5.

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

12 required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment
13 alleging that the defendant currency is subject to forfeiture shall be extended to June 11, 2013.
14 Dated: 4/11/2013

BENJAMIN B. WAGNER
United States Attorney

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By:

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/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney

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21 Dated: 4/11/2013
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(Signature approved by telephone)

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/s/Lawrence T. Niermeyer
LAWRENCE T. NIERMEYER
Attorney for Claimant
Alejandro Yovani Lopez

IT IS SO ORDERED

26 DATED: April 19, 2013
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MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT COURT