USA v. Sanchez Soto et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
UNITED STATES OF AMERICA,
Plaintiff,
v.
GIOVANNI JAVIER NAZARIO
CALDERON,
Defendant.
Case No. 3:21-cr-00022-02-SLG-MMS
PRELIMINARY ORDER OF FORFEITURE
Pursuant to Federal 	Rule of 	Criminal 	Procedure 32.2(b)(2), based 	on
defendant’s guilty plea and admission to forfeiture, the Court GRANTS the Motion
for Preliminary Order of Forfeiture (Docket 192), and finds as follows:
The 	following 	property 	constitutes 	any 	proceeds 	obtained 	directly 	or
indirectly, as a result of such offense and any property used, or intended to be
used, in any manner or part, to commit, or to facilitate the commission of the
offense of conviction pursuant 21 U.S.C. § 846 and 841(a)(1), (b)(1)(B), and
therefore defendant’s interest, if any, in the following property is subject to
forfeiture, pursuant to 21 U.S.C. § 853(a)(1) and (2), and 28 U.S.C. § 2461(c),
including without limitation:
1. 2016 Lexus IS350 – VIN No. JTHCE1D2X65012653;
2. $38,624 in U.S. Currency;
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Case No. 3:21-cr-00022-02-SLG-MMS, USA v. Calderon
Preliminary Order of Forfeiture
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3. Draco 7.62x39mm AK Pistol, Serial No. PMD-06209-18 RO;
4. Glock 30 Gen 4(.45), Serial No. XRK540; and
5. Any associated magazines and ammunition.
THEREFORE, IT IS HEREBY ORDERED, ADJUDGED and DECREED as
follows:
The above-listed property is hereby condemned and forfeited to the United
States of America pursuant to 21 U.S.C. § 853(a)(1) and (2), and 28 U.S.C. §
2461(c), and defendant shall forthwith forfeit all right, title and interest, if any, in the
above-listed property.
Pursuant to Federal Rule of Criminal Procedure 32.2(b)(3), the U.S. Marshal
and/or U.S. Postal Inspection Service is authorized to seize and take possession
of the aforementioned property and hold such in its secure custody and control
until further order of this Court, may conduct any discovery the Court considers
proper in identifying, locating, or disposing of said property; and to commence
proceedings that comply with any statutes governing third-party rights.
Pursuant to 21 U.S.C. § 853(n), the United States Attorney’s Office shall
publish notice of this Preliminary Order of Forfeiture and of the United States’ intent
to dispose of the property in such manner as the Attorney General may direct. The
notice 	shall 	be 	published 	on 	the 	official 	government 	forfeiture 	website,
www.forfeiture.gov, for at least 30 consecutive days.
The notice shall state that any person, other than the defendant, having or
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Case No. 3:21-cr-00022-02-SLG-MMS, USA v. Calderon
Preliminary Order of Forfeiture
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claiming a legal interest in the above-listed forfeited property must file a petition
with the Court within 60 days from the first publication. The notice shall state that
the petition shall be for a hearing to adjudicate the validity of the petitioner’s alleged
interest in the property, shall be 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 	forfeited 	property. 	The 	petition 	shall 	also 	set 	forth 	any 	additional 	facts
supporting the petitioner’s claim and the relief sought.
The United States may also, to the extent practicable, provide direct written
notice as substitute for published notice to any person known to have alleged an
interest in the property that is the subject of this Preliminary Order of Forfeiture.
Upon adjudication of all third-party interests, this Court shall enter a final order of
forfeiture in which all interests will be addressed on of notice or 30 days of receipt
of actual notice, whichever is earlier.
DATED this 8th day of March 2024, at Anchorage, Alaska.
/s/ Sharon L. Gleason
UNITED STATES DISTRICT JUDGE
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