United States of America v. Approximately $38,240.00 in U.S. Currency

Filing 2

STIPULATION AND ORDER signed by District Judge Kimberly J. Mueller on 9/22/2016 ORDERING the parties agree that the deadline by which the United States 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 shall be EXTENDED to 12/19/2016. (Reader, L)

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PHILLIP A. TALBERT
Acting 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,

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v.

2:16-MC-00154-KJM-KJN

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APPROXIMATELY $38,240.00 IN U.S.
CURRENCY,
Defendant.

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

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It is hereby stipulated by and between the United States of America and claimant Hoan Tran

18 (“claimant” or “Tran”), by and through their respective counsel, as follows:
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1.

On or about June 21, 2016, claimant Tran filed a claim in the administrative forfeiture

20 proceedings with the United States Postal Inspection Service with respect to the Approximately
21 $38,240.00 in U.S. Currency. (hereafter “defendant currency”), which was seized on April 14, 2016.
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2.

The United States Postal Inspection Service has sent the written notice of intent to forfeit

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

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1

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 September 19, 2016.
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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 19, 2016, the time in which the United States is required to file a civil complaint for
7 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
8 currency is 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 19, 2016.
12 Dated:

PHILLIP A. TALBERT
Acting United States Attorney

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KEVIN C. KHASIGIAN
Assistant U.S. Attorney

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HOAN TRAN
Claimant appearing in Propria
Persona

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IT IS SO ORDERED.

21 Dated: September 22, 2016.
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UNITED STATES DISTRICT JUDGE

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Stipulation to Extend Time to File Complaint