Opinion
1:18-CR-00253-DAD-BAM
06-16-2021
UNITED STATES OF AMERICA, Plaintiff, v. PATRICK MALDONADO, and ELIAS ZAMBRANO, JR. Defendants.
PHILLIP A. TALBERT, KAREN A. ESCOBAR Attorneys for Plaintiff United States of America.
PHILLIP A. TALBERT, KAREN A. ESCOBAR Attorneys for Plaintiff United States of America.
PRELIMINARY ORDER OF FORFEITURE
Based upon the plea agreements entered into between the United States of America and defendants Patrick Maldonado and Elias Zambrano, Jr., it is hereby ORDERED, ADJUDGED and DECREED as follows:
1. Pursuant to 21 U.S.C. § 853(a), defendants Patrick Maldonado and Elias Zambrano, Jr.'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. Approximately $45, 281.00 in U.S. Currency, b. 2008 Pace Gooseneck, VIN: 4P2W528272U035372;
c. 2009 Ford Super Duty F450, Missouri License Plate: 33B5JB, VIN: 1FDAW47R59EA15765;
d. Springfield Armory XD .45 caliber pistol, serial number US502468 with magazine;
e. Glock-type 9mm pistol with no serial number;
f. One Rock Island Armory, Model #: M1911-A1FS, .45 caliber pistol with serial number RIA1512714;
g. Two 9mm Glock magazines;
h. .45 caliber ACP magazine;
i. SigPro 9mm magazine;
j. Any and all magazines for holding rounds of ammunition and any rounds of ammunition;
k. All ammunition seized in this case, including 8 rounds of .45 caliber ammunition, one box of 30 rounds of 9mm Winchester ammunition, and 3 miscellaneous rounds of ammunition.
2. The above-listed assets constitute, or are derived from, any proceeds the defendants obtained, directly or indirectly, 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. §§ 841(a)(1), 841(b)(1)(B), and 846.
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. Marshals Service 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 defendants, 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.