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

Filing 30

ORDER RESETTING CMC FROM 11/2/12 TO 1/24/13. Case Management Statement due by 1/17/2013. Case Management Conference set for 1/24/2013 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 10/30/12. (bpf, COURT STAFF) (Filed on 10/30/2012)

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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

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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UNITED STATES OF AMERICA,

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

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No. 11-CV-1967 EMC

REPORT OF THE UNITED
STATES TO THE COURT
ORDER RESETTING CMC

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

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

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

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

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

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

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

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

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

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stipulation as an order. Stipulation and Order, entered July 12, 2011.
Pursuant to the stipulated stay, the United States is filing this report on the status of the

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related state criminal case. Tran Luc Tien and Linh Nhat Tran have both plead.

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As previously reported, the state prosecutor, Johnny Gogo, informed the undersigned that,

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on May 22, 2012, Linh Tran plead no contest to a charge of PC 186.22(a) (participating in a criminal

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street gang); HS 11379(a) (offer to sell MDMA); and HS 11359 (possession of marijuana for sale).

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The state prosecutor anticipated that Linh Tran would be sentenced to two years and eight months.

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On October 26, 2012, the state prosecutor, Johnny Gogo, informed the undersigned that on

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October 26, 2012, Luc Tien Tran pled no contest to PC 182 (conspiracy to engage in HS 11358 –

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marijuana cultivation); HS 11379(a) (offer to sell MDMA); HS 11358 (possession for sale of

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marijuana) with a PC 186.22(b)(10)(A) (gang enhancement); HS 11366.5(a) (keeping a narcotics

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house) with a PC 12022(c) (firearms enhancement); PC 12280(b) (possession of assault weapon) and

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PC 496(a) (possession of stolen property – handgun). The state prosecutor anticipates that Luc Tien

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Tran will be sentenced to 10 years in state prison on January 14, 2013.

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

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Because the related state criminal case has been resolved, it would appear that the stay in this

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case can be lifted and a case management conference set, preferably in four to six weeks, to allow

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counsel to obtain state documents and determine whether there is any possible resolution to the

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instant case.

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Respectfully submitted,

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MELINDA HAAG
United States Attorney

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Dated: October 26, 2012

/s/
PATRICIA J. KENNEY
Assistant United States Attorney

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Edward M. Chen
United States District Judge

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IT IS SO ORDERED that the CMC is reset from 11/2/12 to Thursday 1/24/13 at 9:00 a.m.
An updated joint CMC Statement shall be filed by 1/17/13.

UNIT
ED

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

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