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United States v. Approx. $32,300.00 in U.S. Currency

United States District Court, Eastern District of California
Nov 18, 2021
2:21-MC-00176-MCE-CKD (E.D. Cal. Nov. 18, 2021)

Opinion

2:21-MC-00176-MCE-CKD

11-18-2021

UNITED STATES OF AMERICA, Plaintiff, v. APPROXIMATELY $32,300.00 IN U.S. CURRENCY, Defendant.

PHILLIP A. TALBERT Acting United States Attorney KEVIN C. KHASIGIAN Assistant U.S. Attorney ROBERT G. AMSEL Attorney for potential claimant Ryan Ian Preston Robert G. Amsel Attorneys for the United States


PHILLIP A. TALBERT Acting United States Attorney

KEVIN C. KHASIGIAN Assistant U.S. Attorney

ROBERT G. AMSEL Attorney for potential claimant

Ryan Ian Preston Robert G. Amsel

Attorneys for the United States

STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE

MORRISON C. ENGLAND, JR. SENIOR UNITED STATES DISTRICT JUDGE

It is hereby stipulated by and between the United States of America and potential claimant Ryan Ian Preston (“claimant”), by and through their respective counsel, as follows:

1. On or about April 19, 2021, claimant Phillips filed a claim in the administrative forfeiture proceedings with the Drug Enforcement Administration with respect to the Approximately $32,300.00 in U.S. Currency (hereafter “defendant currency”), which was seized on January 20, 2021.

2. The Drug Enforcement Administration 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 currency under 18 U.S.C. § 983(a)(2)(A)-(E), and no person other than the claimant has filed a claim to the defendant currency 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 currency and/or to obtain an indictment alleging that the defendant currency 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 July 16, 2021.

4. By Stipulation and Order filed July 21, 2021, the parties stipulated to extend to September 14, 2021, the time in which the United States is required to file a civil complaint for forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to forfeiture.

5. By Stipulation and Order filed September 14, 2021, the parties stipulated to extend to October 14, 2021, the time in which the United States is required to file a civil complaint for forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to forfeiture.

6. By Stipulation and Order filed October 14, 2021, the parties stipulated to extend to November 12, 2021, the time in which the United States is required to file a civil complaint for forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to forfeiture.

7. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to further extend to December 13, 2021, the time in which the United States is required to file a civil complaint for forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to forfeiture.

8. Accordingly, the parties agree 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 shall be extended to December 13, 2021.

IT IS SO ORDERED.


Summaries of

United States v. Approx. $32,300.00 in U.S. Currency

United States District Court, Eastern District of California
Nov 18, 2021
2:21-MC-00176-MCE-CKD (E.D. Cal. Nov. 18, 2021)
Case details for

United States v. Approx. $32,300.00 in U.S. Currency

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. APPROXIMATELY $32,300.00 IN U.S…

Court:United States District Court, Eastern District of California

Date published: Nov 18, 2021

Citations

2:21-MC-00176-MCE-CKD (E.D. Cal. Nov. 18, 2021)