Opinion
2:11-CR-00069 JAM
07-23-2012
UNITED STATES OF AMERICA, Plaintiff, v. SERGIO FRANCISCO COBIAN, Defendant.
BENJAMIN B. WAGNER United States Attorney WILLIAM S. WONG Assistant U.S. Attorney
BENJAMIN B. WAGNER
United States Attorney
WILLIAM S. WONG
Assistant U.S. Attorney
PRELIMINARY ORDER OF
FORFEITURE
Based upon the plea agreement and the stipulation and application for preliminary order of forfeiture entered into between plaintiff United States of America and defendantSergio Francisco Cobian, it is hereby ORDERED, ADJUDGED AND DECREED as follows:
1. Pursuant to 18 U.S.C. § 924(d)(1) and 28 U.S.C. § 2461(c), plaintiff hereby applies for entry of a Preliminary Order of Forfeiture as to the following property:
a) One Harrington and Richardson, model 929, .22 caliber revolver, serial number AP2405.
2. The above-listed property is a firearm that was involved or used in the knowing commission of a violation of 18 U.S.C. § 922(g)(1).
3. Pursuant to Rule 32.2(b), the Attorney General (or a designee) shall be authorized to seize the above-listed property. The aforementioned property shall be seized and held by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, in its secure custody and control.
4. a. 28 U.S.C. § 2461(c), incorporating 21 U.S.C. § 853(n), and Local Rule 171, the United States shall publish notice of the order of forfeiture. Notice of this Order and notice of the Attorney General's (or a designee's) intent to dispose of the property in such manner as the Attorney General may direct shall be posted for at least 30 consecutive days on the official internet government forfeiture site www.forfeiture.gov. The United States may also, to the extent practicable, provide direct written notice to any person known to have alleged an interest in the property that is the subject of the order of forfeiture as a substitute for published notice as to those persons so notified.
b. This notice shall state that any person, other than the defendant, asserting a legal interest in the above-listed property, must file a petition with the Court within sixty (60) days from the first day of publication of the Notice of Forfeiture posted on the official government forfeiture site, or within thirty (30) days from receipt of direct written notice, whichever is earlier.
5. If a petition is timely filed, upon adjudication of all third-party interests, if any, this Court will enter a Final Order of Forfeiture pursuant to 18 U.S.C. § 924(d)(1) and 28 U.S.C. § 2461(c), in which all interests will be addressed.
_________________________
JOHN A. MENDEZ
United States District Court Judge