Opinion
1:18-CR-00246-ADA-BAM
11-23-2022
UNITED STATES OF AMERICA, Plaintiff, v. RUBEN CORTEZ-ROCHA, and JOSE LOZANO, Defendants.
PHILLIP A. TALBERT United States Attorney LAURA JEAN BERGER Assistant United States Attorney Attorneys for Plaintiff United States of America
PHILLIP A. TALBERT United States Attorney LAURA JEAN BERGER Assistant United States Attorney Attorneys for Plaintiff United States of America
PRELIMINARY ORDER OF FORFEITURE
Based upon the plea agreements entered into between plaintiff United States of America and defendants Ruben Cortez-Rocha and Jose Lozano, it is hereby ORDERED, ADJUDGED and DECREED as follows:
1. Pursuant to 21 U.S.C. § 853(a), defendants Ruben Cortez-Rocha and Jose
Lozano's interests in the following property shall be condemned and forfeited to the United States of America, to be disposed of according to law:
a. Black Smith & Wesson 9mm handgun and ammunition found in the Jeep Cherokee on October 17, 2018.
2. The above-listed asset is property constituting, or derived from, any proceeds obtained, directly or indirectly, as the result of such violation, or is property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, a violation of 21 U.S.C. §§ 846 and 841(a)(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 U.S. Customs and Border Protection in their secure custody and control.
4. a. Pursuant to 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 thirty (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 21 U.S.C. § 853(a), in which all interests will be addressed.
IT IS SO ORDERED.