Opinion
1:21-CR-00190-DAD-BAM
09-30-2021
UNITED STATES OF AMERICA, Plaintiff, v. JOSE JESUS TORRES GARCIA, Defendant.
PHILLIP A. TALBERT Acting United States Attorney JUSTIN J. GILIO Assistant United States Attorney
PHILLIP A. TALBERT
Acting United States Attorney
JUSTIN J. GILIO
Assistant United States Attorney
PRELIMINARY ORDER OF FORFEITURE
Based upon the plea agreement entered into between the United States of America and defendant Jose Jesus Torres Garcia, it is hereby ORDERED, ADJUDGED AND DECREED as follows:
1. Pursuant to 21 U.S.C. § 853(a), defendant Jose Jesus Torres Garcia's interest in the following property shall be condemned and forfeited to the United States of America, to be disposed of according to law:
a. Bag of empty plastic pill capsules;
b. Digital scale;
c. Document with list of phone numbers;
d. Three bags containing small plastic baggies; and,
e. Apple iPhone, black in color.
2. The above-listed property constitutes or is derived from proceeds obtained, directly or indirectly, as a result of a violation of 21 U.S.C. § 841(a)(1), (b)(1)(C), and/or was 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. § 841(a)(1), (b)(1)(C).
3. Pursuant to Rule 32.2(b)(3), 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 its 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.