United States of America v. Approximately $22,769.00 in U.S. Currency

Filing 2

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr. on 10/09/15 ORDERING that the deadline by which the U.S. 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 is EXTENDED to 12/15/15. (Benson, A)

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BENJAMIN B. WAGNER
United States Attorney
MARILEE L. MILLER
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.
APPROXIMATELY $22,769.00 IN U.S.
CURRENCY,

2:15-MC-00111-MCE-DAD
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 Huey

19 Kiet Nguyen (“claimant”), by and through their respective counsel, as follows:
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1.

On or about July 20, 2015, claimant filed a claim in the administrative forfeiture

21 proceeding with the Drug Enforcement Administration with respect to the Approximately $22,769.00 in
22 U.S. Currency (hereafter “defendant currency”), which was seized on or about April 15, 2015.
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2.

The Drug Enforcement Administration has sent the written notice of intent to forfeit

24 required by 18 U.S.C. § 983(a)(1)(A) to all known interested parties. The time has expired for any
25 person to file a claim to the defendant currency under 18 U.S.C. § 983(a)(2)(A)-(E), and no person other
26 than claimant has filed a claim to the defendant currency as required by law in the administrative
27 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
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Stipulation and Order to Extend Time

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 proceeding, unless the court extends the deadline for good cause shown or by agreement of the
4 parties. That deadline is October 16, 2015.
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4.

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

6 December 15, 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.
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5.

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 December 15, 2015.
12 Dated: 10/2/15

BENJAMIN B. WAGNER
United States Attorney

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By:

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/s/ Marilee L. Miller
MARILEE L. MILLER
Assistant U.S. Attorney

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18 Dated: 10/2/15
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/s/ Victor S. Haltom
VICTOR S. HALTOM
Attorney for claimant Huey Kiet Nguyen

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(Authorized by phone)

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IT IS SO ORDERED.

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23 Dated: October 9, 2015
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Stipulation and Order to Extend Time