United States Of America v. $109,800 in United States Currency

Filing 27

ORDER RESETTING CMC TO 9/21/12. Case Management Statement due by 9/14/2012. Case Management Conference set for 9/21/2012 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 7/18/12. (bpf, COURT STAFF) (Filed on 7/18/2012)

Case3:11-cv-01967-EMC Document26 Filed07/18/12 Page1 of 2

1
2
3
4
5
6
7
8

MELINDA HAAG (CSBN 132612)
United States Attorney
MIRANDA KANE (CSBN 150630)
Chief, Criminal Division
PATRICIA J. KENNEY (CSBN 130238)
Assistant United States Attorney
450 Golden Gate Avenue
San Francisco, California 94102
Telephone: [phone]
Facsimile: 415.436.6748
Attorneys for the United States of America

9
10

UNITED STATES DISTRICT COURT

11

NORTHERN DISTRICT OF CALIFORNIA

12
13

UNITED STATES OF AMERICA,

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Plaintiff,
v.
$109,800 IN UNITED STATES
CURRENCY,
Defendant.
NIN TRAN AND TUNG TRAN,
Claimants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

No. 11-CV-1967 EMC

REPORT OF THE UNITED
STATES TO THE COURT

Case3:11-cv-01967-EMC Document26 Filed07/18/12 Page2 of 2

1

On April 22, 2011, the United States filed this civil forfeiture action seeking to forfeit

2

defendant $109,800 which law enforcement seized during the execution of a search warrant in

3

connection with a drug trafficking investigation. 21 U.S.C. § 881(a)(6). After claimants Nin Tran

4

and Tung Tran filed claims on June 22, 2011, the parties in July 2011 stipulated to a stay of this case

5

until a related state court criminal case is resolved, People of the State of California v. Luc Tran

6

(7/19/1987), aka Tran Luc Tien, Linh Nhat Tran (10/18/1983), et al., DA No. 101127526, filed

7

November 11, 2010 (Superior Court, Santa Clara County, San Jose Facility). The first two named

8

defendants in the state case are the sons of Ninh Tran, a claimant in this case, and nephews of Tung

9

Tran, also a claimant in this case. 18 U.S.C. § 981(g)(1) and (2). The Court entered the parties’

10

stipulation as an order. Stipulation and Order, entered July 12, 2011.

11

Pursuant to the stipulated stay, the United States is filing this report on the status of the

12

related state criminal case. In short, the conditions on which the stay was obtained are still in effect

13

because the criminal case has not been resolved as to one of the defendant sons of claimant Ninh

14

Tran. Specifically, on July 11, 2012, the undersigned was informed by the state prosecutor, Johnny

15

Gogo, that, on May 22, 2012, Linh Tran plead no contest to a charge of PC 186.22(a) – Participating

16

in a Criminal Street Gang; HS 11379(a) – Offer to Sell MDMA; and HS 11359 – Possession of

17

Marijuana for Sale. The state prosecutor anticipated that Linh Tran would be sentenced to two years

18

and eight months. As of July 11, 2012, however, the state criminal case against Luc Tran had not

19

been resolved and was ongoing. Accordingly, the reason for the stay continues and the United States

20

requests the Court to reschedule the case management conference set for July 20, 2012.

21
22

Respectfully submitted,

23

MELINDA HAAG
United States Attorney

24
Dated: July 18, 2012

/s/
PATRICIA J. KENNEY
Assistant United States Attorney

26

S

RT

H

ER

R NIA

NO

Judge E

. Chen

dward M

LI

2

ERED
O ORD D
IT IS S
IE
MODIF
AS

A

US Report to the Court
No. 11-CV-1967

C

TA

RT
U
O

28

IT IS SO ORDERED THAT the CMC is reset from 7/20/12 to 9/21/12 at 9:00 a.m. A joint
CMC Statement shall be filed by 9/14/12.
S DISTRICT
TE
UNIT
ED

27

FO

25

N

F
D IS T IC T O
R

C