United States of America v. Approximately $14,340.00 in U.S. Currency
Filing
6
STIPULATION and ORDER EXTENDING TIME TO FILE A COMPLAINT TO 10/17/17 signed by District Judge Morrison C. England, Jr on 8/15/17.(Mena-Sanchez, L)
1
4
PHILLIP A. TALBERT
United States Attorney
KEVIN C. KHASIGIAN
Assistant U. S. Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: (916) 554-2700
5
Attorneys for the United States
2
3
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
UNITED STATES OF AMERICA,
12
Plaintiff,
13
v.
14
15
APPROXIMATELY $14,340.00 IN U.S.
CURRENCY,
STIPULATION AND ORDER EXTENDING
TIME FOR FILING A COMPLAINT FOR
FORFEITURE AND/OR TO OBTAIN AN
INDICTMENT ALLEGING FORFEITURE
Defendant.
16
17
2:17-MC-00070-MCE-KJN
It is hereby stipulated by and between the United States of America and claimant Eduardo
18 Miranda (“Miranda”), by and through their respective counsel, as follows:
19
1.
On or about September January 20, 2017, claimant Miranda filed claims in the
20 administrative forfeiture proceedings with the United States Postal Inspection Service with respect to
21 the Approximately $14,340.00 in U.S. Currency. (hereafter “defendant currency”), which was seized
22 on November 1, 2016.
23
2.
The United States Postal Inspection Service 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
26 other than the claimant has filed a claim to the defendant currency as required by law in the
27 administrative forfeiture proceeding.
28
29
3.
Under 18 U.S.C. § 983(a)(3)(A), the United States is required to file a complaint for
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 was April 20, 2017.
5
4.
By Stipulation and Order filed April 20, 2017, the parties stipulated to extend to June 19,
6 2017, the time in which the United States is required to file a civil complaint for forfeiture against the
7 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
8 forfeiture.
9
5.
By Stipulation and Order filed June 19, 2017, the parties stipulated to extend to August
10 18, 2017, the time in which the United States is required to file a civil complaint for forfeiture against
11 the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
12 forfeiture.
13
6.
As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to extend to
14 October 17, 2017, the time in which the United States is required to file a civil complaint for forfeiture
15 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
16 subject to forfeiture.
17 ///
18 ///
19 ///
20 ///
21 ///
22 ///
23 ///
24 ///
25 ///
26 ///
27 ///
28 ///
29
2
Stipulation to Extend Time to File Complaint
1
6.
Accordingly, the parties agree that the deadline by which the United States shall be
2 required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment
3 alleging that the defendant currency is subject to forfeiture shall be extended to October 17, 2017.
4 Dated:
8/14/2017
5
6
PHILLIP A. TALBERT
United States Attorney
/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
7
8
9 Dated:
8/14/2017
10
11
/s/ Jesse Ortiz
JESSE ORTIZ
Attorney for claimant
Eduardo Miranda
(Authorized via email)
12
13
IT IS SO ORDERED.
14 Dated: August 15, 2017
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
3
Stipulation to Extend Time to File Complaint
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?