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United States v. Nagel

United States District Court, Ninth Circuit

October 4, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
GARY E. NAGEL, Defendant.

PRELIMINARY ORDER OF FORFEITURE

B. LYNN WINMILL, Chief District Judge.

This matter having come before the Court on Plaintiff's Motion for Preliminary Order of Forfeiture (ECF No. 169), and based upon the record and filings herein, and the Rule 11 Plea Agreement of GARY E. NAGEL (filed under seal), by which the defendant pled guilty to a violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(C) and 813, said plea providing for forfeiture of any and all property constituting proceeds of his offense and all property used or intended to be used to facilitate the commission of his offense, including any and all interests the defendant possessed in the property set out below ("Subject Property"), and in the proceeds from the sale of said Subject Property, all pursuant to 21 U.S.C. § 853(a)(1) and (2);

NOW, THEREFORE, THE COURT ORDERS that the United States' Motion for Preliminary Order of Forfeiture (docket no. 169) is GRANTED and the defendant shall forfeit to the United States all property constituting proceeds of his offense and all property used or intended to be used to facilitate the commission of his offense, including but not limited to any and all interests the defendant possessed in the Subject Property, and in the proceeds from the sale of said property, involved in or used in commission of the defendant's violations of 21 U.S.C. §§ 841(a)(1), (b)(1)(C) and 813.

Subject Property:

A. 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 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 0º00'00" 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 0º00'00" 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 89º34'37" 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 89º34'37" 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 0º00'00" 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 89º34'37" 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 0º00'00" EAST A DISTANCE OF 15.240M (50.00 FEET) TO THE REAL POINT OF BEGINNING.
PARCEL 4:
THE NORTH 50 FEET OF THE SOUTH 150 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 AN IRREGULAR PARCEL ADJACENT TO AND ALONG THE WEST BOUNDARY OF THE NORTH 12.240M (50.00 FEET) OF THE SOUTH 45.720M (150.00 FEET) OF THE WEST 39.837M (130.7 FEET) OF BLOCK 4 OF 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 0.000M AND LOCATED SOUTH 0º00'00" WEST 822.667M (2699.04 FEET) FROM THE WEST QUARTER CORNER AT PROJECT STATION 8.667M OF SAID SECTION 9;
THENCE ON A BEARING OF NORTH 0º00'00" EAST A DISTANCE OF 356.21M (1168.69 FEET) ALONG THE WEST BOUNDARY OF SECTION 9 AND THE CENTERLINE OF WASHINGTON STREET NORTH TO CENTERLINE STATION 3.217M;
THENCE ON A BEARING OF 89º34'37" EAST A DISTANCE OF 7.620M (25.00 FEET) TO THE NORTHWEST CORNER OF SAID PARCEL AT CENTERLINE STATION 3.273M; 7.620M (25.00 FEET) ...

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