United States of America v. Approximately $147,260.00 in U.S. Currency

Filing 2

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 11/6/14. The time for filing a complaint and/or obtain an indictment alleging forfeiture is extended to 12/18/14. (Manzer, C)

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: [phone]
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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2:14-MC-00133-MCE-EFB

Plaintiff,

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

v.
APPROXIMATELY $147,260.00 IN U.S.
CURRENCY,

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Defendant.

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It is hereby stipulated by and between the United States of America and potential claimant
James Pozo, by and through their respective attorneys, as follows:
1.

On or about August 20, 2014, claimant James Pozo filed a claim, in the

administrative forfeiture proceedings, with the Drug Enforcement Administration (“DEA”) with
respect to the Approximately $147,260.00 in U.S. Currency (hereafter “defendant currency”), which
was seized on May 6, 2014 and adopted by DEA on June 24, 2014.
2.

The DEA 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 the claimant
has filed a claim to the defendant currency as required by law in the administrative forfeiture
proceeding.
1

Stipulation and Order to Extend
Time

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3.

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

2 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
3 currency are subject to forfeiture within ninety days after a claim has been filed in the administrative
4 forfeiture proceedings, unless the court extends the deadline for good cause shown or by agreement
5 of the parties. That deadline is November 18, 2014.
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4.

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

7 December 18, 2014, the time in which the United States is required to file a civil complaint for
8 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
9 currency is subject to forfeiture.
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5.

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

11 required to file a complaint for forfeiture against the defendant currency and/or to obtain an
12 indictment alleging that the defendant currency is subject to forfeiture shall be extended to
13 December 18, 2014.
14 Dated:

11/3/2014

BENJAMIN B. WAGNER
United States Attorney

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By:

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

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19 Dated:

10/29/2014

/s/ Jacek W. Lentz
JACEK W. LENTZ
Attorney for potential claimant James Pozo
(Authorized via email)

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IT IS SO ORDERED.

23 Dated: November 6, 2014
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2

Stipulation and Order to Extend
Time