Opinion
2:00CR0276 PGC
May 28, 2003
PAUL M. WARNER, United States Attorney, MICHAEL P. KENNEDY, Assistant United States Attorney, RICHARD W. DAYNES, Assistant United States Attorney, Attorneys for the United States of America. Salt Lake City, Utah
PRELIMINARY ORDER OF FORFEITURE
IT IS HEREBY ORDERED THAT:
1. As a result of defendant Pedro Comrado Olmedo Cruz' plea of guilty on Count 2 of the Superceding Indictment, for which the government sought forfeiture pursuant to 21 U.S.C. § 853, the defendant shall forfeit to the United States all property involved in or traceable to offenses involving 21 U.S.C. § 846.
2. Based on the Plea Agreement, and Joint Stipulation as to Forfeiture, a money judgment in the amount of $125,174 shall be entered against the defendant.
3. Defendant shall also forfeit any property real or personal involved or traceable to the offense to which the defendant has plead guilty to which has not yet been identified or located.
4. Upon entry of this Order the Attorney General or its designee is authorized to seize and conduct any discovery proper in identifying, locating, or disposing of the property subject to forfeiture, in accordance with Fed.R.Crim.P. 32.2(b)(3).
5. Upon entry of this Order the Attorney General or its designee is authorized to commence any applicable proceeding to comply with statutes governing third party interests, including giving notice of this Order.
6. Pursuant to Fed.R.Crim.P. 32.2(b)(3), this Preliminary Order of Forfeiture shall become final as to the defendant at the time of sentencing and shall be made part of the sentence and included in the judgment.
7. The Court shall retain jurisdiction to enforce this Order, and to amend it as necessary, pursuant to Fed.R.Crim.P. 32.2(e).