USA v. Cortes et al
Criminal

District of Nebraska, ned-8:2004-cr-00171-31496

PRELIMINARY ORDER OF FORFEITURE granting {{81}} Motion for Preliminary Forfeiture as to Alejandro Cortes (1), Jesus Cortes (2), Mauro Gonzalez-Escorcia (3). Based upon Count VI of the Indictment and the Defendants' pleas of guilty, the UnitedStat es Marshal for the District of Nebraska ("Marshal") is hereby authorized to seize the $620.00, $93.00 and $700.00 in United States currency. The Defendants' interest in said properties is hereby forfeited to the United States of America for disposition in accordance with the law, subject to the provisions of 21 U.S.C., Section 853(n)(1). Ordered by Judge Joseph F. Bataillon. (1 certified copy to US Marshal)

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8:04-cr-00171-JFB-TDT Doc # 84 Filed: 05/29/07 Page 1 of 3 - Page ID # 272 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA UNITED STATES OF AMERICA,)) Plaintiff,)) 8:04CR171 vs.)) PRELIMINARY ORDER ALEJANDRO CORTES,) OF FORFEITURE JESUS CORTES,) MAURO GONZALEZ-ESCORCIA,)) Defendants.) NOW ON THIS 29th day of May, 2007, this matter comes on before the Court upon the United States' Motion for Issuance of Preliminary Order of Forfeiture and Memorandum Brief. The Court reviews the record in this case and, being duly advised in the premises, finds as follows: 1. The Defendants have entered into Plea Agreements, whereby they have agreed to plead guilty to Counts I, III and VI of said Indictment. Count I of said Indictment charges the Defendants with conspiracy to distribute methamphetamine, a violation of 21 U.S.C. § 846. Count III of said Indictment charges the Defendant, Alejandro Cortes, with possessing with intent to distribute methamphetamine, a violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1). Count VI of said Indictment charges the Defendants with using $620.00, $93.00 and $700.00 in United States currency to facilitate the commission of the controlled substance violations and charges said personal properties are derived from proceeds obtained directly or indirectly as a result of the commission of the controlled substance violations. 2. By virtue of said pleas of guilty, the Defendants forfeit their interest in the subject properties, and the United States should be entitled to possession of said properties, pursuant to 21 U.S.C., § 853. 8:04-cr-00171-JFB-TDT Doc # 84 Filed: 05/29/07 Page 2 of 3 - Page ID # 273 3. The United States' Motion for Issuance of Preliminary Order of Forfeiture should be sustained. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED as follows: A. The United States' Motion for Issuance of Preliminary Order of Forfeiture is hereby sustained. B. Based upon Count VI of the Indictment and the Defendants' pleas of guilty, the United States Marshal for the District of Nebraska ("Marshal") is hereby authorized to seize the $620.00, $93.00 and $700.00 in United States currency. C. The Defendants' interest in said properties is hereby forfeited to the United States of America for disposition in accordance with the law, subject to the provisions of 21 U.S.C., § 853(n)(1). D. The aforementioned forfeited properties are to be held by the Marshal in his secure custody and control. E. Pursuant to 21 U.S.C., § 853(n)(1), the Marshal forthwith shall publish at least once for three successive weeks in a newspaper of general circulation, in the county where the subject properties are situated, notice of this Order, notice of the Marshal's intent to dispose of the properties in such manner as the Attorney General may direct, and notice that any person, other than the Defendants, having or claiming a legal interest in any of the subject forfeited properties must file a Petition with the court within thirty (30) days of the final publication of notice or of receipt of actual notice, whichever is earlier. F. Said published notice shall state the Petition referred to in Paragraph E., above, shall be for a hearing to adjudicate the validity of the Petitioner's alleged interest in the properties, shall be 2 8:04-cr-00171-JFB-TDT Doc # 84 Filed: 05/29/07 Page 3 of 3 - Page ID # 274 signed by the Petitioner under penalty of perjury, and shall set forth the nature and extent of the Petitioner's right, title or interest in the subject properties and any additional facts supporting the Petitioner's claim and the relief sought. G. The United States may also, to the extent practicable, provide direct written notice to any person known to have alleged an interest in the properties subject to this Order as a substitute for published notice as to those persons so notified. H. Upon adjudication of all third-party interests, this Court will enter a Final Order of Forfeiture pursuant to 21 U.S.C., § 853(n), in which all interests will be addressed. ORDERED this 29th day of May, 2007. BY THE COURT: s/ Joseph F. Bataillon JOSEPH F. BATAILLON, CHIEF JUDGE United States District Court 3