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United States v. 2004 Ford F-150 Truck

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Mar 23, 2012
2:11-CV-02814-LKK-GGH (E.D. Cal. Mar. 23, 2012)

Opinion

2:11-CV-02814-LKK-GGH

03-23-2012

UNITED STATES OF AMERICA, Plaintiff, v. 2004 FORD F-150 TRUCK, VIN: 1FTPX14544KC34836, LICENSE: 7K66493,Defendant.

BENJAMIN B. WAGNER United States Attorney KEVIN C. KHASIGIAN Assistant U.S. Attorney ROCHELLE FORBIS Attorney for Claimant Jorqe Luis Gastelum-Uriarte (Original signature retained by attorney)


BENJAMIN B. WAGNER

United States Attorney

KEVIN C. KHASIGIAN

Assistant U.S. Attorney

STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT FOR

FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE

It is hereby stipulated by and between the United States of America and claimant Jorge Luis Gastelum-Uriarte ("claimant"), by and through their respective counsel, as follows:

1. On or about July 27, 2011, claimant Jorge Luis Gastelum-Uriarte filed a claim, in the administrative forfeiture proceedings, with the Federal Bureau of Investigation with respect to the 2004 Ford F-150 Truck, VIN: 1FTPX14544KC34836 (hereafter the "defendant property"), which was seized on May 4, 2011.

2. The Federal Bureau of Investigation has sent the written notice of intent to forfeit required by 18 U.S.C. § 983(a)(1)(A) to all known interested parties. The time has expired for any person to file a claim to the defendant property under 18 U.S.C. § 983(a)(2)(A)-(E), and no person other than the claimant has filed a claim to the defendant property as required by law in the administrative forfeiture proceeding.

3. Under 18 U.S.C. § 983(a)(3)(A), the United States is required to file a complaint for forfeiture against the defendant property and/or to obtain an indictment alleging that the defendant property is subject to forfeiture within ninety days after a claim has been filed in the administrative forfeiture proceedings, unless the court extends the deadline for good cause shown or by agreement of the parties. That deadline was originally October 25, 2011.

On October 24, 2011, the parties stipulated to extend the October 25, 2011 deadline to January 23, 2012.

4. By Stipulation and Order filed January 23, 2012, the parties stipulated to extend to May 23, 2012, the time in which the United States is required to file a civil complaint for forfeiture against the defendant property and/or to obtain an indictment alleging that the defendant property is subject to forfeiture.

5. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement for a brief extension to May 23, 2012, the time in which the United States is required to file a civil complaint for forfeiture against the defendant property and/or to obtain an indictment alleging that the defendant property is subject to forfeiture.

6. Accordingly, the parties agree that the deadline by which the United States shall be required to file a complaint for forfeiture against the defendant property and/or to obtain an indictment alleging that the defendant property is subject to forfeiture shall be extended to May 23, 2012.

BENJAMIN B. WAGNER

United States Attorney

_______________

KEVIN C. KHASIGIAN

Assistant U.S. Attorney

_______________

ROCHELLE FORBIS

Attorney for Claimant Jorqe Luis

Gastelum-Uriarte

(Original signature retained by

attorney)

IT IS SO ORDERED.

_______________

LAWRENCE K. KARLTON

SENIOR JUDGE

UNITED STATES DISTRICT COURT


Summaries of

United States v. 2004 Ford F-150 Truck

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Mar 23, 2012
2:11-CV-02814-LKK-GGH (E.D. Cal. Mar. 23, 2012)
Case details for

United States v. 2004 Ford F-150 Truck

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. 2004 FORD F-150 TRUCK, VIN…

Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Date published: Mar 23, 2012

Citations

2:11-CV-02814-LKK-GGH (E.D. Cal. Mar. 23, 2012)