United States of America v. Approximately $14,600.00 in U.S. Currency et al
Filing
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STIPULATION and ORDER signed by District Judge Troy L. Nunley on 12/1/15: 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 January 1, 2016. (Kaminski, H)
1 BENJAMIN B. WAGNER
United States Attorney
2 KEVIN C. KHASIGIAN
Assistant U. S. Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: (916) 554-2700
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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UNITED STATES OF AMERICA,
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Plaintiff,
v.
APPROXIMATELY $14,600.00 IN U.S.
CURRENCY, and
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2:14-MC-00048-TLN-AC
STIPULATION AND ORDER
EXTENDING TIME FOR FILING A
COMPLAINT FOR FORFEITURE
AND/OR TO OBTAIN AN
INDICTMENT ALLEGING
FORFEITURE
APPROXIMATELY $5,900.00 IN U.S.
CURRENCY,
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Defendants.
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It is hereby stipulated by and between the United States of America and claimant Felipe S.
20 Gonzalez (“claimant”), by and through their respective counsel, as follows:
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1.
On or about January 9, 2014, claimant Felipe S. Gonzalez filed a claim, in the
22 administrative forfeiture proceedings, with the Drug Enforcement Administration with respect to the
23 Approximately $14,600.00 in U.S. Currency and Approximately $5,900.00 in U.S. Currency
24 (collectively “defendant currency”), which was seized on August 7, 2013.
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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
28 other than the claimant has filed a claim to the defendant currency as required by law in the
1
Stipulation and Order to Extend Time
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1 administrative 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 proceedings, unless the court extends the deadline for good cause shown or by agreement
6 of the parties. The deadline was April 9, 2014.
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4.
By Stipulation and Order filed April 9, 2014, the parties stipulated to extend to July 8,
8 2014, 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
10 to forfeiture.
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5.
By Stipulation and Order filed July 3, 2014, the parties stipulated to extend to
12 October 6, 2014, the time in which the United States is required to file a civil complaint for
13 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
14 currency is subject to forfeiture.
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6.
By Stipulation and Order filed October 3, 2014, the parties stipulated to extend to
16 December 5, 2014, the time in which the United States is required to file a civil complaint for
17 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
18 currency is subject to forfeiture.
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7.
By Stipulation and Order filed December 3, 2014, the parties stipulated to extend to
20 March 5, 2015, the time in which the United States is required to file a civil complaint for forfeiture
21 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
22 subject to forfeiture.
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8.
By Stipulation and Order filed March 12, 2015, the parties stipulated to extend to
24 June 5, 2015, the time in which the United States is required to file a civil complaint for forfeiture
25 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
26 subject to forfeiture.
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9.
By Stipulation and Order filed June 3, 2015, the parties stipulated to extend to
28 September 3, 2015, the time in which the United States is required to file a civil complaint for
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Stipulation and Order to Extend Time
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1 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
2 currency is subject to forfeiture.
10.
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By Stipulation and Order filed September 4, 2015, the parties stipulated to extend to
4 December 2, 2015, the time in which the United States is required to file a civil complaint for
5 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
6 currency is subject to forfeiture.
11.
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As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement for an
8 extension to January 1, 2016, the time in which the United States is required to file a civil complaint
9 for forfeiture against the defendant currency and/or to obtain an indictment alleging that the
10 defendant currency is subject to forfeiture
12.
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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
13 indictment alleging that the defendant currency is subject to forfeiture shall be extended to January
14 1, 2016.
15 Dated:
11/30/2015
BENJAMIN B. WAGNER
United States Attorney
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By:
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Dated:
11/30/2015
/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
/s/ Mark J. Reichel
MARK J. REICHEL
Attorney for claimant
Felipe S. Gonzalez
(Authorized via email 11/30/15)
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IT IS SO ORDERED.
Dated: December 1, 2015
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Troy L. Nunley
United States District Judge
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Stipulation and Order to Extend Time
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