Free Order for Forfeiture of Property - District Court of Arizona - Arizona

•’ 1 mgm _____ Looeeo
___ aecawso __, GGPY
I MAR ‘ 6 2005
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7 UNITED STATES DISTRICT COURT
g DISTRICT OF ARIZONA
9 United States of America
CR04-1259-PHX-DGC
10 Plaintiff
u "‘ I _ P“%‘§l§‘é§i§¥i—8i”t‘1’ER
12 David Reyes, I
13 Defendant.
14 IT IS HEREBY ORDERED THAT: _
15 As the result of the guilty plea to the Indictment charging defendant with violation of Title
16 18 United States Code, Section 924(c)(1)(A), Use and Carrying of a Firearm During and in
17 Relation to a Drug Trafficking Offense, for which the Government sought forfeiture in the
_ 18 forfeiture allegation pursuant to 18 U.S.C. § 924(d) ·and 28 U.S.C. § 2461, defendant shall forfeit
19 to the United States, the following property:
20 One (1) Taurus, .357 caliber revolver, Serial Number PH432890.
2] Defendant agrees the above listed firearm was involved in or used in violation of Title 18
22 United States Code, Section 924(c)(1)(A). The defendant further agrees that the aforementioned
23 firearm is subject to seizure and forfeiture by the United States.
24 The Court has determined, based on defendant's plea agreement, that the property described
25 above is subject to forfeiture pursuant to 18 U.S.C. § 924(d) and 28 U.S.C. § 2461, and that the
26 government has established the requisite nexus between such property and such offense.
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Case 2:04-cr—O1259-DGC Document 55 Filed O3/O7/2006 Page 1 of 3

1 Upon the entry of this Order, the United States is authorized to seize the property listed
2 above and to conduct any discovery proper in `identifying, locating or disposing of the property
3 subject to forfeiture, in accordance with Fed. R. Crim. P. 32.2(b)(3).
4 Upon entry of this Order, the United States/Attomey General (or a designee); is authorized
5 to commence any applicable proceeding to comply with statutes goveming third party rights,
6 including giving notice of this Order.
7 The United States shall publish notice ofthe Order and its intent to dispose of the property
8 in such a manner as the United States/Attorney General (or a designee), may direct. The United
9 States may also, to the extent practicable, provide written notice to any person known to have
10 an alleged interest in the Subject Property.
1 1 Any person, other than the above named defendant, asserting a legal interest in the Subject
12 Property may, within thirty days ofthe final publication of notice or receipt of notice, whichever
13 is earlier, petition the court for a hearing without a jury to adjudicate the validity of his alleged
14 interest in the Subject Property, and for an amendment ofthe order of forfeiture, pursuant to 2 1
15 U.S.C. § 853(n) or 28 U.S.C. § 2461(c).
16 Pursuant to Fed. R. Crim. P. 32.2(b)(3), and pursuant to defendants consent, as contained
17 in the plea agreement, this Preliminary Order ofForfeiture shall become final as to the defendant
18 prior to defendant’s sentencing and will be included in the judgment. If no third party files a
19 timely claim, this Order shall become the Final Order ofFor1`eiture, as provided by Fed. R. Crim.
20 P. 32.2(c)(2).
21 Any petition filed by a third party asserting an interest in the Subject Property shall be
22 signed by the petitioner under penalty of perjury and shall set forth the nature and extent of the
23 petitioner's right, title, or interest in the Subject Property, the time and circumstances of the
24 petitioner's acquisition ofthe right, title or interest in the Subject Property, any additional facts
25 supporting the petitioner's claim and the relief sought.
26 After the disposition of any motion filed under Fed. R. Crim. P. 32.2(c)(1)(A) and before
27 a hearing on the petition, discovery may be conducted in accordance with the Federal Rules of
Case 2:04-cr—O1259-DGC Document 55 Filed O3/O7/2006 Page 2 of 3

1 Civil Procedure upon a showing that such discovery is necessary or desirable to resolve factual
2 issues.
3 The United States shall have clear title to the Subject Property following the Court's
4 disposition of all third-party interests, or, if none, following the expiration of the period
5 provided in 21 U.S.C. § 853(n)(2), for the filing of third party petitions.
6 The Court shall retain jurisdiction to enforce this Order, and to amend it as necessary,
7 pursuant to Fed. R. Crim. P. 32.2(e).
8 The Clerk of the Court shall forward two certified copies of this order to Assistant U.S.
9 Attorney LISA ROBERTS, U.S. Attorney's Office, Two Renaissance Square, 40 North Central
10 Avenue, Suite 1200, Phoenix, Arizona 85004-4408,
11 SO ORDERED:
12 Dated: 3/6 fpb
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.5 Enya c.,.,E%
16 United States District Judge
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