Free Motion to Withdraw Document - District Court of Colorado - Colorado

Case 1:04-cr-00153-LTB

Document 451-2

Filed 03/27/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 04-CR-153-B UNITED STATES OF AMERICA, Plaintiff, v. 1. 2. 3. 4. 5. 6. GERALD P. SMALL, III, KELLI B. SMALL, a/k/a Kelli S. Burkhalter, ROBERT E. BICHON, ROBERT J. SIGG, CHARLES E. WINNETT, and CHAD E. HEINRICH

(5387 Valley Wells Way, Las Vegas, Nevada APN: 163-28-718-016) Defendants. ORDER

THIS MATTER comes before the Court on Flagstar Bank, FSB ("Flagstar")'s Conditional Motion to Withdraw Petition to Amend Order of Forfeiture. The Court having considered this motion, IT IS HEREBY ORDERED that the Petition to Amend Order of Forfeiture by Flagstar is withdrawn conditioned on the Court's entry of a restitution order reflecting the payout distribution identified in paragraph 1 of the Distribution Agreement, and on the restoration of the assets identified in the Notice of Forfeiture. If such events do not occur, Flagstar may re-file its Petition to Amend the Notice of Forfeiture.

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Case 1:04-cr-00153-LTB

Document 451-2

Filed 03/27/2006

Page 2 of 2

DATED this ______ day of March, 2006.

BY THE COURT:

______________________ LEWIS T. BABCOCK Chief United States District Judge

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