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United States v. Urias

United States District Court, Ninth Circuit

August 30, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
FAUSTO ENRIQUE URIAS and BENITO JOYA, Defendants.

PRELIMINARY ORDER OF FORFEITURE

B. LYNN WINMILL, District Judge.

This matter having come before the Court on Plaintiff's Motion for Preliminary Order of Forfeiture (ECF No. 117), and based upon the record and filings herein, and the Rule 11 Plea Agreements of FAUSTO ENRIQUE URIAS (ECF No. 96 - filed August 5, 2013) and BENITO JOYA (ECF No. 95 - filed August 2, 2013), by which the defendants pled guilty to violations of 21 U.S.C. §§ 841(a)(1) and (b)(1)(A) (URIAS and JOYA), 846 and 851 (URIAS), 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), including substitute assets;

NOW, THEREFORE, IT IS HEREBY ORDERED, that the United States' Motion for Preliminary Order of Forfeiture (docket no. 117) 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. §§ 841(a)(1) and (b)(1)(A) (URIAS and JOYA), 846 and 851 (URIAS), to include, but not be limited to, the following property (hereinafter "Subject Property"):

AS TO FAUSTO ENRIQUE URIAS

1. Cash Proceeds: At least $100, 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, or was received in exchange for the distribution of controlled substances, and was subsequently expended, spent, distributed or otherwise disposed of by the defendant.

2. Substitute Assets: If any of the properties and interests described above as being subject to forfeiture, as a result of any action or omission of the defendant above named:

a. Cannot be located upon the exercise of due diligence;

b. Has been transferred or sold to, or deposited with, a third person;

c. Has been placed beyond the jurisdiction of the court;

d. Has been substantially diminished in value; or

e. Has been commingled with other property which cannot be subdivided without difficulty; it is the intention of the United States, pursuant to 21 U.S.C. § 853(p) to seek forfeiture of any other property of the said defendant up to the value of the forfeitable properties and interest herein.

AS TO BENITO JOYA

1. Cash Proceeds: At least $5, 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, or was received in exchange for the distribution of controlled substances, and was subsequently expended, spent, distributed or otherwise disposed of by the defendant.

2. Firearms and Ammunition Associated Therewith: An SKS, 7.62 X 39 mm rifle, bearing serial number 1818625, which is to ...


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