Opinion
1:10-CR-00499 LJO
08-02-2011
UNITED STATES OF AMERICA, Plaintiff, v. MICHAEL JOE VASQUEZ, Defendant.
BENJAMIN B. WAGNER
United States Attorney
ELANA S. LANDAU
Assistant U.S. Attorney
PRELIMINARY ORDER OF FORFEITURE
Based upon the entry of plea and stipulation and application for preliminary order of forfeiture entered into between plaintiff United States of America and defendant Michael Joe Vasquez it is hereby ORDERED, ADJUDGED AND DECREED as follows:
1. Pursuant to 21 U.S.C. § 853(a), defendant Michael Joe Vasquez' interest in the following property shall be condemned and forfeited to the United States of America, to be disposed of according to law:
a. A.A. Arms AP9 9mm pistol, serial number 04 647 0;
b. Smith & Wesson Model 66 .357 revolver, serial number AJW4801;
c. Mossberg 12-gauge Shotgun, serial number P552121; and
d. Marlin .22 caliber rifle Model 600, serial number 15411237.
2. The above-listed assets constitute property used or intended to be used to commit or to facilitate the commission of any violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B).
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 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.
Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE