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United States v. Gallegos

United States District Court, D. Idaho

November 10, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
JOSEPH MANUEL GALLEGOS and EDUARDO SANDOVAL, JR., Defendants.

          PRELIMINARY ORDER OF FORFEITURE

          B. LYNN WINMILL CHIEF JUDGE.

         This matter having come before the Court on Plaintiffs Motion for Preliminary Order of Forfeiture (ECF No. 32), and based upon the record and filings herein, and the Rule 11 Plea Agreements of JOSEPH MANUEL GALLEGOS (ECF No. 19 - filed October 4, 2016) and EDUARDO SANDOVAL, JR. (ECF No. 20 - filed October 7, 2016), by which the defendants pled guilty to violations of 21 U.S.C. § 841(a)(1) and (b)(1)(C), 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);

         NOW, THEREFORE, IT IS HEREBY ORDERED, that the United States' Motion for Preliminary Order of Forfeiture (ECF No. 32) is GRANTED and the defendants shall forfeit to the United States any property constituting proceeds of, or involved in or used in commission of, the defendants' violations of 21 U.S.C. § 841(a)(1) and (b)(1)(C), to include, but not be limited to, the following property (hereinafter "Subject Property"):

         Subject Property:

         A. Cash Proceeds (Money Judgment): At least $1, 272 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, property involved in or facilitating such offenses, or was received in exchange for the distribution of controlled substances, and was subsequently expended, spent, distributed or otherwise disposed of by the defendants, and as to which the defendants are jointly and severally liable.

         B. Personal Property: All of the following firearms and ammunition, which were seized on or around July 22, 2016, from the defendants at the time of their arrests, are subject to forfeiture as property acquired with the proceeds of drug trafficking, and property used or intended to be used to facilitate drug trafficking, and are therefore subject to forfeiture under 21 U.S.C. § 853(a):

1. North America derringer style, .22 caliber pistol, serial number CI 1927, together with approximately six rounds of .22 caliber ammunition; and
2. Keltec .380 caliber pistol, serial number HBH12, together with approximately six rounds of .380 caliber ammunition.

         C. Substitute Assets: If the property and interest described above as being subject to forfeiture, as a result of any action or omission of the defendants above named:

1. Cannot be located upon the exercise of due diligence;
2. Has been transferred or sold to, or deposited with, a third person;
3. Has been placed beyond the jurisdiction of the court;
4. Has been substantially diminished in value; or
5. Has been commingled with other property which cannot be subdivided without difficulty; the United States is authorized, pursuant to 21 U.S.C. ยง 853(p), to seek forfeiture of any other property of the said defendants up to ...

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