United States of America v. Approximately $14,340.00 in U.S. Currency

Filing 8

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 10/18/2017 ORDERING 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 is EXTENDED to 12/18/2017. (Zignago, K.)

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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. By Stipulation and Order filed August 15, 2017, the parties stipulated 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 7. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to further 18 extend to December 18, 2017, the time in which the United States is required to file a civil complaint 19 for forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant 20 currency is subject to forfeiture. 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 29 2 Stipulation to Extend Time to File Complaint 1 8. 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 December 18, 2017. 4 Dated: 10/13/2017 5 6 PHILLIP A. TALBERT United States Attorney /s/ Kevin C. Khasigian KEVIN C. KHASIGIAN Assistant U.S. Attorney 7 8 9 Dated: 10/13/2017 10 11 /s/ Jesse Ortiz JESSE ORTIZ Attorney for claimant Eduardo Miranda (Authorized via email) 12 13 IT IS SO ORDERED. 14 Dated: October 18, 2017 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3 Stipulation to Extend Time to File Complaint

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