United States of America v. Approximately $9,000.00 in U.S. Currency

Filing 2

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 6/3/15. The deadline for the United States to file a Complaint for Forfeiture and/or to Obtain an Indictment is extended to 8/7/15. (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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Plaintiff,

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2:15-MC-00062-WBS-KJN

v.

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

APPROXIMATELY $9,000.00 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 claimant Melvin Magee
(“claimant” or “Magee”) by and through their respective counsel, as follows:
1.

On or about March 12, 2015, claimant Magee filed a claim in the administrative

forfeiture proceedings with the Drug Enforcement Administration with respect to the Approximately
$9,000.00 in U.S. Currency, which was seized on November 13, 2014.
2.

The Drug Enforcement Administration 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 claimants have filed a claim to the defendant currency as required by law in the
administrative forfeiture proceeding.
3.

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

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Stipulation to Extend Time to File Complaint

1 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
2 currency is subject to forfeiture within ninety days after a claim has been filed in the administrative
3 forfeiture proceedings, unless the court extends the deadline for good cause shown or by agreement of
4 the parties. That deadline is June 10, 2015.
4.

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

6 August 7, 2015, the time in which the United States is required to file a civil complaint for forfeiture
7 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
8 subject to forfeiture.
5.

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

10 required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment
11 alleging that the defendant currency is subject to forfeiture shall be extended to August 7, 2015.
12 Dated:

6/3/15

BENJAMIN B. WAGNER
United States Attorney

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

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Dated:

6/3/15

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/s/ Richard Smith
RICHARD SMITH
Attorney for Claimant
Melvin Magee

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(Authorized by phone)

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21 IT IS SO ORDERED
22 Dated: June 3, 2015
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Stipulation to Extend Time to File Complaint