United States of America v. Miscellaneous Firearms, Ammunition, and Currency listed in Exhibit A

Filing 4

STIPULATION and ORDER 3 signed by Judge Lawrence K. Karlton on 7/2/14 ORDERING the parties agree that the deadline by which the United States shall be required to file a complaint for forfeiture against the defendant properties and/or to obtain an indictment alleging that the defendant properties are subject to forfeiture shall be extended to October 6, 2014. (Becknal, R)

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4 BENJAMIN B. WAGNER United States Attorney KEVIN C. KHASIGIAN Assistant U. S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916) 554-2700 5 Attorneys for the United States 1 2 3 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 Plaintiff, v. 13 14 15 MISCELLANEOUS FIREARMS, AMMUNITION, AND CURRENCY LISTED IN EXHIBIT A, 2:14-MC-00074-LKK-CKD STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE Defendant. 16 17 It is hereby stipulated by and between the United States of America and potential claimant Mike 18 19 R. Turner (“claimant”), as follows: 1. 20 On or about February 6, 2014, claimant filed a claim in the administrative forfeiture 21 proceeding with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) with respect to the 1 22 Miscellaneous Firearms and Ammunition listed in Exhibit A attached hereto and incorporated herein 23 (hereafter “defendant properties”), which were seized on or about October 9, 2013. 2. 24 The ATF has sent the written notice of intent to forfeit required by 18 U.S.C. § 25 983(a)(1)(A) to all known interested parties. The time has expired for any person to file a claim to the 26 defendant properties under 18 U.S.C. § 983(a)(2)(A)-(E), and no person other than claimant has filed a 27 28 1 The United States has resolved the claims of Craig Mason and LaRay Chambers. In addition, the United States has decided not to file against the two amounts of currency claimed by Mike R. Turner. Exhibit A attached contains only the defendant properties that the United States is currently seeking forfeiture of. 1 Stipulation and Order to Extend Time 1 claim to the defendant properties as required by law in the administrative forfeiture proceeding. 2 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 properties and/or to obtain an indictment alleging that the defendant 4 properties are 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 was May 7, 2014. 7 4. By Stipulation and Order filed May 14, 2014, the parties stipulated to extend to July 7, 8 2014, the time in which the United States is required to file a civil complaint for forfeiture against the 9 defendant properties and/or to obtain an indictment alleging that the defendant properties are subject to 10 forfeiture. 11 5. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to further extend 12 to October 6, 2014, the time in which the United States is required to file a civil complaint for forfeiture 13 against the defendant properties and/or to obtain an indictment alleging that the defendant properties are 14 subject to forfeiture. 15 6. Accordingly, the parties agree that the deadline by which the United States shall be 16 required to file a complaint for forfeiture against the defendant properties and/or to obtain an indictment 17 alleging that the defendant properties are subject to forfeiture shall be extended to October 6, 2014. 18 Dated: 6/29/14 BENJAMIN B. WAGNER United States Attorney 19 By: 20 /s/ Kevin C. Khasigian KEVIN C. KHASIGIAN Assistant U.S. Attorney 21 22 Dated: 6/27/14 23 /s/ Greg Foster GREG FOSTER Attorney for potential claimant Mike R. Turner (Signature authorized by email) 24 25 IT IS SO ORDERED. 26 Dated: July 2, 2014. 27 28 2 Stipulation and Order to Extend Time 1 2 3 4 5 6 7 8 9 10 Exhibit A 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Unknown Rifle Cal: unknown SN: none (14-ATF-000769), Unknown Rifle Cal: unknown SN: none (14-ATF-000773), Unknown Rifle Cal: unknown SN: none (14-ATF-000774), Unknown Rifle Cal: unknown SN: none (14-ATF-000782), Unknown Rifle Cal: unknown SN: none (14-ATF-000783), Polytechnologies AKS Rifle Cal: 762 SN: 8748 (14-ATF-000786), Unknown Pistol Cal: unknown SN: none (14-ATF-000789), Unknown Pistol Cal: unknown SN: none (14-ATF-000790), Unknown Rifle Cal: unknown SN: none (14-ATF-000791), Unknown Rifle Cal: unknown SN: none (14-ATF-000792), Unknown Rifle Cal: unknown SN: none (14-ATF-000794), Unknown Receiver/Frame Cal: unknown SN: none (14-ATF-000795), Unknown Rifle Cal: unknown SN: none (14-ATF-000796), Vltor Weapons Systems unknown Pistol Cal: unknown SN: none (14-ATF-001254), and 20 rounds of Winchester-Western ammunition Cal: 20 (14-ATF-001054). 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Stipulation and Order to Extend Time

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