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

Filing 9

STIPULATION AND ORDER signed by Chief Judge Morrison C. England, Jr. on 11/25/2014 ORDERING the United States 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 by 3/5/2015. (Michel, G)

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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,
v.

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MISCELLANEOUS FIREARMS,
AMMUNITION, AND CURRENCY
LISTED IN EXHIBIT A,

2:14-MC-00074-MCE-CKD
STIPULATION AND ORDER EXTENDING
TIME FOR FILING A COMPLAINT FOR
FORFEITURE AND/OR TO OBTAIN AN
INDICTMENT ALLEGING FORFEITURE

Defendant.

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

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19 R. Turner (“claimant”), as follows:
1.

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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
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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.

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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
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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.

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Stipulation and Order to Extend Time

1 claim to the defendant properties as required by law in the 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 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.
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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.
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5.

By Stipulation and Order filed July 3, 2014, the parties stipulated to extend to October 6,

12 2014, the time in which the United States is required to file a civil complaint for forfeiture against the
13 defendant properties and/or to obtain an indictment alleging that the defendant properties are subject to
14 forfeiture.
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6.

By Stipulation and Order filed October 7, 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 forfeiture
17 against the defendant properties and/or to obtain an indictment alleging that the defendant properties are
18 subject to forfeiture.
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7.

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

20 to March 5, 2015, the time in which the United States is required to file a civil complaint for forfeiture
21 against the defendant properties and/or to obtain an indictment alleging that the defendant properties are
22 subject to forfeiture.
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8.

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

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Stipulation and Order to Extend Time

1 required to file a complaint for forfeiture against the defendant properties and/or to obtain an indictment
2 alleging that the defendant properties are subject to forfeiture shall be extended to March 5, 2015.
3 Dated: 11/24/14

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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7 Dated: 11/22/14
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/s/ Greg Foster
GREG FOSTER
Attorney for potential claimant Mike R. Turner
(Authorized by email)

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IT IS SO ORDERED.

11 Dated: November 25, 2014
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Stipulation and Order to Extend Time

Exhibit A
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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).

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Stipulation and Order to Extend Time