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govinfo:USCOURTS-caed-1_17-cr-00304-4

U.S. District Court for the Eastern District of California · 2020-01-14

· GavelSight synced 2026-09-06 03:44:44

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PRELIMINARY ORDER OF FORFEITURE 1 
 
 
McGREGOR W. SCOTT 
United States Attorney 
MELANIE L. ALSWORTH 
Assistant United States Attorney 
2500 Tulare Street, Suite 4401 
Fresno, CA 93721 
Telephone: (559) 497-4000 
Facsimile: (559) 497-4099 
 
Attorneys for Plaintiff 
United States of America 
 
 
IN THE UNITED STATES DISTRICT COURT 
EASTERN DISTRICT OF CALIFORNIA 
UNITED STATES OF AMERICA, 
 Plaintiff, 
 v. 
JOSE JESUS CARBAJAL, 
 Defendant. 
No. 1:17-CR-00304-LJO-SKO 
PRELIMINARY ORDER OF FORFEITURE 
 
 Based upon the application for preliminary order of forfeiture and publication thereof, 
and the December 12, 2019 order of this Court, it is hereby ORDERED, ADJUDGED and 
DECREED as follows: 
 1. Pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c), defendant Jose 
Jesus Carbajal’s interest in the following property shall be condemned and forfeited to the United 
States of America, to be disposed of according to law: 
a. 1965 Ford Mustang, License: 7HKY797, VIN: 5F09C612783, 
b. 1969 Chevrolet Camaro, License: 7NPN598, VIN: 123379N592839, 
c. 2008 Lexus LS460, License: 7KGL577, VIN: JTHBL46F285063049; and, 
d. 2011 Jaguar XJL, License: 7UTY467, VIN: SAJWA2GB5BLV17646. 
2. The above-listed assets are property which constitutes or are derived from 
proceeds traceable to a violation of 18 U.S.C. § 1951. 

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PRELIMINARY ORDER OF FORFEITURE 2 
 
 
3. Pursuant to Rule 32.2(b), the Attorney General (or a designee) shall be 
authorized to seize the above-listed property. The aforementioned property shall be seized 
and held by the United States Marshals Service in its secure custody and control. 
4. a. Pursuant to 21 U.S.C. § 853(n), and Local Rule 171, the United States 
shall publish notice of the order of forfeiture. Notice of this Order and notice of the Attorney 
General’s (or a designee’s) intent to dispose of the property in such manner as the Attorney 
General may direct shall be posted for at least thirty (30) consecutive days on the official 
internet government forfeiture site www.forfeiture.gov. The United States may also, to the 
extent practicable, provide direct written notice to any person known to have alleged an 
interest in the property that is the subject of the order of forfeiture as a substitute for published 
notice as to those persons so notified. 
 b. This notice shall state that any person, other than the defendant, asserting a 
legal interest in the above-listed property, must file a petition with the Court within sixty (60) 
days from the first day of publication of the Notice of Forfeiture posted on the official 
government forfeiture site, or within thirty (30) days from receipt of direct written notice, 
whichever is earlier. 
 5. The defendant waives oral pronouncement of forfeiture at the time of sentencing, 
any defects in such pronouncement that pertain to forfeiture, and waives any defenses to 
forfeiture. 
6. If a petition is timely filed, upon adjudication of all third-party interests, if any, 
this Court will enter a Final Order of Forfeiture pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 
U.S.C. § 2461(c), in which all interests will be addressed. 
 
IT IS SO ORDERED. 
 
 Dated: January 13, 2020 /s/ Lawrence J. O’Neill _____ 
 UNITED STATES DISTRICT JUDGE 
 

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