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United States v. Nagel

United States District Court, Ninth Circuit

August 28, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
ALLEN W. NAGEL, JOSHUA BECKER, and JOSHUA CSEREPES, Defendants.

AMENDED PRELIMINARY ORDER OF FORFEITURE AND SUBSTITUTION OF RES

B. LYNN WINMILL, Chief District Judge.

This matter having come before the Court on Plaintiff's Motion for Amended Preliminary Order of Forfeiture and Substitution of Res (Dkt. 162), and based upon the record and filings herein, and the Rule 11 Plea Agreements of ALLEN W. NAGEL, JOSHUA BECKER, and JOSHUA CSEREPES (all filed under seal), by which the defendants pled guilty to violations of 21 U.S.C. §§ 846 and 863(a)(1) (CSEREPES) and 18 U.S.C. § 1956(h) (NAGEL and BECKER), said pleas providing for forfeiture of any and all interests the defendants possessed in the Subject Property pursuant to 21 U.S.C. §§ 853(a)(1) and (2) and 863(c), and 18 U.S.C. § 982(a)(1), respectively;

NOW, THEREFORE, THE COURT ORDERS that the United States' Motion for Amended Preliminary Order of Forfeiture and Substitution of Res (Dkt. 162) is GRANTED and the defendants shall forfeit to the United States any property involved in or used in commission of the defendants' violations of 21 U.S.C. §§ 846 and 863(a)(1) and 18 U.S.C. § 1956(h), to include, but not be limited to, the following property (hereinafter "Subject Property"):

Subject Property:

A. Cash Proceeds: The sum of at least $400, 000 in United States currency and all interest and proceeds traceable thereto, in that such sum in aggregate is property which constituted proceeds of the offenses of conviction.

B. Real Property and Proceeds thereof: All right, title and interest in land and appurtenances and improvements, including buildings and residences, and proceeds of sale thereof, more fully described below:

1. Proceeds in the approximate amount of $80, 000.00 from the sale of the real property located at 3295 Longbow Road, Twin Falls, Twin Falls County, Idaho, being parcel number RPO84520010250, and more particularly described as follows:
LOT 25 IN BLOCK 1 OF TERRACE GARDENS SUBDIVISION PHASE 2 ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 17 OF PLATS AT PAGE(S) 33, RECORDS OF TWIN FALLS COUNTY, IDAHO.
2. All of that certain parcel of land located in Twin Falls County, Idaho, being parcel number RPT3481004000K, and more particularly described as:
PARCEL 1:
THE SOUTH 50 FEET OF THE WEST 130.7 FEET OF BLOCK 4, ALSO REFERRED TO AS LOT 4, MOORMAN 1ST ADDITION, TWIN FALLS COUNTY, IDAHO, ACCORDING TO THE OFFICIAL PLAT THEREOF RECORDED IN BOOK 1 OF PLATS, PAGE 35, RECORDS OF TWIN FALLS COUNTY, IDAHO.
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL:
A PARCEL OF LAND FOR ROAD RIGHT-OF-WAY PURPOSES BEING GENERALLY DESCRIBED AS THE WEST 5.690M (18.67 FEET) OF THE SOUTH 15.24M (50.00 FEET) THE WEST 39.837 M (130.7 FEET), OF BLOCK 4, SAID MOORMAN 1ST ADDITION, AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 9, TOWNSHIP 10 SOUTH, RANGE 17 EAST, BOISE MERIDIAN, SAID CORNER BEING AT PROJECT STATION 0.000M AND LOCATED SOUTH 0°00'00" WEST 822.667M (2699.04 FEET) FROM THE WEST QUARTER CORNER OF SAID SECTION 9 AT PROJECT STATION 8.667M;
THENCE NORTH 0°00'00" EAST 325.737M (1068.69 FEET) ALONG THE WEST BOUNDARY OF SECTION 9 AND THE CENTERLINE OF WASHINGTON STREET NORTH TO CENTERLINE STATION 3.737M;
THENCE ON A BEARING OF NORTH 89°34'37" EAST A DISTANCE OF 7.62M (25.00 FEET) TO THE NORTHWEST CORNER OF SAID PARCEL AT CENTERLINE STATION 3.793M; 7.620M (25.00 FEET) RIGHT AND BEING THE REAL POINT OF BEGINNING.
THENCE FROM THIS REAL POINT OF BEGINNING AND ALONG THE NORTH BOUNDARY OF SAID PARCEL ON BEARING OF NORTH 89°34'37" EAST A DISTANCE OF 5.690M (18.67 FEET) TO THE CENTERLINE STATION 3.835M; 13.310M (43.67 FEET) RIGHT AND THE NEW EASTERLY RIGHT-OF-WAY BOUNDARY OF WASHINGTON STREET NORTH;
THENCE ALONG THE NEW EASTERLY RIGHT-OF-WAY OF WASHINGTON STREET NORTH ON A BEARING OF SOUTH 0°00'00" WEST A DISTANCE OF 15.240M (50.00 FEET) TO THE SOUTHERLY BOUNDARY OF SAID PARCEL AT CENTERLINE STATION 3.595M; 13.310M (43.67 FEET) RIGHT;
THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL ON A BEARING OF SOUTH 89°34'37" WEST A DISTANCE OF 5.690 M (18.67 FEET) TO THE SOUTHWEST CORNER OF SAID PARCEL AT CENTERLINE STATION 3.553M; 7.620M (25.00 FEET) RIGHT;
THENCE ALONG THE WESTERLY BOUNDARY OF SAID PARCEL ON A BEARING NORTH 0°00'00" EAST A DISTANCE OF 15.240 M (50.00 FEET) TO THE REAL POINT OF BEGINNING.
PARCEL 3:
THE NORTH 50 FEET OF THE SOUTH 100 FEET OF THE WEST 130.7 FEET OF BLOCK 4, ALSO REFERRED TO AS LOT 4, MOORMAN 1ST ADDITION,
TWIN FALLS COUNTY, IDAHO, ACCORDING TO THE OFFICIAL PLAT THEREOF RECORDED IN BOOK 1 OF PLATS, PAGE 35, RECORDS OF TWIN FALLS COUNTY, IDAHO.
EXCEPTING THEREFROM THE FOLLOWING PARCEL:
A PARCEL OF LAND FOR ROAD RIGHT-OF-WAY PURPOSES BEING GENERALLY DESCRIBED AS THE WEST 5.690M (18.67 FEET) OF THE NORTH 15.240M (50.00 FEET) OF THE SOUTH 30.480M (100.00 FEET) OF THE WEST 39.837M (130.7 FEET) OF BLOCK 4, SAID MOORMAN 1ST ADDITION, AND BEING MORE SPECIFICALLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 9, TOWNSHIP 10 SOUTH, RANGE 17 EAST, BOISE MERIDIAN, SAID CORNER BEING AT PROJECT STATION 0.00M AND LOCATED SOUTH 0°00'00" WEST, 822.667M (2699.04 FEET) FROM THE WEST QUARTER CORNER AT PROJECT STATION 8.67M OF SAID SECTION 9; THENCE ON A BEARING OF NORTH 0°00'00" EAST A DISTANCE OF 340.977M (1118.69 FEET) ALONG THE WEST BOUNDARY OF SECTION 9 AND THE CENTERLINE OF WASHINGTON STREET NORTH TO CENTERLINE STATION 3.977M; THENCE ON A BEARING OF NORTH 89°34'37" EAST A DISTANCE OF 7.620M (25.00 FEET) TO THE NORTHWEST CORNER OF SAID PARCEL AT THE CENTERLINE STATION 3.033M; 7.620M (25.00 FEET) RIGHT AND BEING THE REAL POINT OF BEGINNING;
THENCE FROM THIS REAL POINT OF BEGINNING AND ALONG THE NORTH BOUNDARY OF SAID PARCEL ON BEARING OF NORTH 89°34'37" EAST A DISTANCE OF 5.690M (18.67 FEET) TO CENTERLINE STATION 3.075M; 13.310M (43.67 FEET) RIGHT AND THE NEW EASTERLY RIGHT-OF-WAY BOUNDARY OF WASHINGTON STREET NORTH;
THENCE ALONG THE NEW EASTERLY RIGHT-OF-WAY OF WASHINGTON STREET NORTH ON A BEARING OF SOUTH 0°00'00" WEST A DISTANCE OF 15.240M (50.00 FEET) TO THE SOUTHERLY BOUNDARY OF SAID PARCEL AT CENTERLINE STATION 3.835M; 13.310M (43.67 FEET) RIGHT;
THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL ON A BEARING OF SOUTH 89°34'37" WEST A DISTANCE OF 5.690M (18.67 FEET) TO THE SOUTHWEST CORNER OF SAID PARCEL AT CENTERLINE STATION 3.793M; 7.620M (25.00 FEET) RIGHT;
THENCE ALONG THE WESTERLY BOUNDARY OF SAID PARCEL ON A BEARING OF NORTH 0°00'00" EAST A DISTANCE OF 15.240M (50.00 FEET) ...

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