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

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Nov 15, 2011
No. 11-CV-1967 EMC (N.D. Cal. Nov. 15, 2011)

Opinion

No. 11-CV-1967 EMC

11-15-2011

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

MELINDA HAAG United States Attorney PATRICIA J. KENNEY Assistant United States Attorney


MELINDA HAAG (CSBN 132612)

United States Attorney

MIRANDA KANE (CSBN 150630)

Chief, Criminal Division

PATRICIA J. KENNEY (CSBN 130238)

Assistant United States Attorney

Attorneys for the United States of America

REPORT OF THE UNITED

STATES TO THE COURT

ORDER RESETTING CMC

On April 22, 2011, the United States filed this civil forfeiture action seeking to forfeit defendant $109,800 which law enforcement seized during the execution of a search warrant in connection with a drug trafficking investigation. 21 U.S.C. § 881(a)(6). After claimants Nin Tran and Tung Tran filed claims on June 22, 2011, the parties in July 2011 stipulated to a stay of this case until a related state court criminal case is resolved, People of the State of California v. Luc Tran (7/19/1987), aka Tran Luc Tien, Linh Nhat Tran (10/18/1983), et al., DA No. 101127526, filed November 11, 2010 (Superior Court, Santa Clara County, San Jose Facility). The first two named defendants in the state case are the sons of Ninh Tran, a claimant in this case, and nephews of Tung Tran, also a claimant in this case. 18 U.S.C. § 981(g)(1) and (2). The Court entered the parties' 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 related state criminal case. In short, the conditions on which the stay was obtained are still in effect because the criminal case has not been resolved as to the defendant sons of claimant Ninh Tran. The state prosecutor, Johnny Gogo, has informed the undersigned that the criminal state court case is pending with the criminal trial scheduled for February 14, 2012.

Respectfully submitted,

MELINDA HAAG

United States Attorney

PATRICIA J. KENNEY

Assistant United States Attorney

IT IS SO ORDERED that the Case Management Conference is reset from 1/6/12 to 3/2/12 at 9:00 a.m. A joint CMC Statement shall be filed by 2/24/12.

Edward M. Chen

U.S. District Judge


Summaries of

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

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Nov 15, 2011
No. 11-CV-1967 EMC (N.D. Cal. Nov. 15, 2011)
Case details for

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

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. $109,800 IN UNITED STATES…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Date published: Nov 15, 2011

Citations

No. 11-CV-1967 EMC (N.D. Cal. Nov. 15, 2011)