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United States v. Urias

United States District Court, D. Idaho

January 23, 2015

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

FINAL ORDER OF FORFEITURE

B. LYNN WINMILL, Chief District Judge.

WHEREAS, on August 30, 2013, this Court entered a Preliminary Order of Forfeiture (ECF No. 118), on August 27, 2014 a Supplemental Preliminary Order of Forfeiture Pursuant to Rule 32.2 (ECF No. 251) was filed, based upon the Rule 11 plea agreements of FAUSTO ENRIQUE URIAS (ECF No. 96 - filed August 5, 2013) and BENITO JOYA (EFC No. 95 - filed August 2, 2013), forfeiting properties described in the forfeiture allegation of the Superseding Indictment and as set out in the Preliminary and Supplemental Preliminary Orders of Forfeiture.

WHEREAS, the United States caused notice of the above-referenced forfeiture order to be published and sent in accordance with the requirements of Federal Rule of Criminal Procedure 32.2(b)(6), including publication on an official government internet site (www.forfeiture.gov) as required by Rule G(4)(a)(iv)(C) of the Supplemental Rules for Admiralty and Maritime Claims and Asset Forfeiture Actions, as required by Rule 32.2(b)(6)(C);

AND WHEREAS, no claims were filed.

NOW THEREFORE IT IS HEREBY ORDERED, that the Motion for Final Order of Forfeiture (docket no. 257) is GRANTED. The Court further directs the United States Marshals Service to forthwith seize all of the forfeited properties, not heretofore seized, which are described below.

IT IS FURTHER ORDERED, that the right, title and interest to the hereinafter described property is hereby condemned, forfeited and vested in the United States of America, and that no claim of interest in said property shall exist in any other person or entity, and that said property shall be disposed of according to law:

1. The property to be forfeited is described as follows:

AS TO FAUSTO ENRIQUE URIAS

a. Cash Proceeds: At least $93, 245.00 (a $100, 000 money judgment less credits given of $6, 755 for the forfeiture of the personal property identified below), in United States currency and all interest and proceeds traceable thereto, in that such sum in aggregate is property which constituted proceeds of the charged offenses, or was received in exchange for the distribution of controlled substances, and was subsequently expended, spent, distributed or otherwise disposed of by the defendant, and as to which the defendant is liable.
b. Personal Property:
a. Sony Laptop Computer Model Number PCG-51211L;
b. DVR Model Number ST4500 serial number 3R-S04-110-0004;
c. LG TV model number 47LD450-UA serial number 006RMZCAQ549;
d. Toshiba Laptop Computer model number PSLD8U-08201E partial ...

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