USA v. Rivera et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
UNITED STATES OF AMERICA,
Plaintiff,
v.
JIMY MARTINEZ-GARMENDI,
Defendant.
8:24CR170
PRELIMINARY ORDER
OF FORFEITURE
This matter is before the Court on the government’s Motion for Preliminary Order
of Forfeiture (Filing No. 166). 	The Court has carefully reviewed the record in this case
and finds as follows:
1. 	On 	January 	9, 	2026, 	defendant 	Jimy 	Martinez-Garmendi 	(“Martinez-
Garmendi”), pleaded guilty to Counts I and VII of the Indictment (Count I) and admitted
the Forfeiture Allegation. 	Count I of the Indictment charged Martinez-Garmendi with
conspiracy to distribute 50 grams or more of methamphetamine (actual); in violation of 21
United States Code section 846. 	Count VII of the Indictment charged him with
distribution of 50 grams or more of methamphetamine (actual); in violation of 21 United
States Code section 841(a)(1) and (b)(1).
1. 	The Forfeiture Allegation sought forfeiture, pursuant to 21 U.S.C. § 853, of any
property constituting, or derived from, any proceeds obtained, directly or indirectly, as the
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. 	The property to be forfeited
includes, but is not limited to:
a. 	United States currency in the amount of $4,466 seized from the residence of
GIOVANNI ESCALANTE CASTRO on or about July 15, 2024;
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b. 	Dodge 	Ram 	Pickup 	truck 	seized 	from 	the 	residence 	of 	GIOVANNI
ESCALANTE CASTRO on or about July 15, 2024;
c. 	United States currency in the amount of $2,600 seized from ALONDRA
FUENTES SOLIS on or about July 11, 2024;
d. 	United States currency in the amount of $1,560 seized from the residence of
KEVIN RIVERA on or about July 15, 2024;
e. 	A Gold Hi-Point .45 caliber pistol, a Black Polymer 80 9mm caliber pistol,
a Black Rain Ordinance AR-15 rifle 5.56 caliber rifle, and multiple types of
ammunition 	seized 	from 	the 	residence 	of 	GIOVANNI 	ESCALANTE
CASTRO on or about July 15, 2024;
f. 	A Black Benelli 12 gauge shotgun and an Orange Polymer 80 handgun seized
from the residence of KEVIN RIVERA on or about July 15, 2024; and
g. 	A Tanfoglio Titan handgun seized from the residence of LEONEL DELEON
on or about July 2, 2024.
2. 	On March 10, 2025, a Bill of Particulars for Forfeiture of Property was filed
adding six (6) shotgun shells and 22 round Glock 40 magazine to the list of items to be
forfeited (Filing No. 96).
3. 	Based on the Martinez-Garmendi’s guilty plea and admission, Martinez-
Garmenti forfeits his interest in the aforementioned property pursuant to 21 U.S.C. § 853.
4. 	The government’s Motion for Preliminary Order of Forfeiture is granted.
IT IS ORDERED:
1. 	The government’s Motion for Preliminary Order of Forfeiture (Filing
No. 166) is granted.
2. 	Based upon the Forfeiture Allegation of the Indictment (Filing No. 1), the
Bill of Particulars for Forfeiture of Property (Filing No. 96), and Martinez-
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Garmendi’s guilty plea and admission, the government is hereby authorized
to seize:
a. 	United States currency in the amount of $4,466 seized from the
residence of GIOVANNI ESCALANTE CASTRO on or about
July 15, 2024;
b. 	Dodge 	Ram 	Pickup 	truck 	seized 	from 	the 	residence 	of
GIOVANNI ESCALANTE CASTRO on or about July 15,
2024;
c. 	United States currency in the amount of $2,600 seized from
ALONDRA FUENTES SOLIS on or about July 11, 2024;
d. 	United States currency in the amount of $1,560 seized from the
residence of KEVIN RIVERA on or about July 15, 2024;
e. 	A Gold Hi-Point .45 caliber pistol, a Black Polymer 80 9mm
caliber pistol, a Black Rain Ordinance AR-15 rifle 5.56 caliber
rifle, 	and 	multiple 	types 	of 	ammunition 	seized 	from 	the
residence of GIOVANNI ESCALANTE CASTRO on or about
July 15, 2024;
f. 	A Black Benelli 12 gauge shotgun and an Orange Polymer 80
handgun seized from the residence of KEVIN RIVERA on or
about July 15, 2024;
g. 	A Tanfoglio Titan handgun seized from the residence of
LEONEL DELEON on or about July 2, 2024;
h. 	six (6) shotgun shells; and
i. 	22 round Glock 40 magazine.
3. 	Martinez-Garmendi’s interest in the property is hereby forfeited to the
government for disposition in accordance with the law, subject to the
provisions of 21 U.S.C. § 853(n)(1).
4. 	The property is to be held by the government in its secure custody and
control.
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5. 	Pursuant to 21 U.S.C. § 853(n)(1), the government shall publish for at least
thirty consecutive days on an official internet Government 	forfeiture site,
www.forfeiture.gov, notice of this Preliminary Order of Forfeiture, notice of
publication evidencing the government’s intent to dispose of the property, in
such manner as the Attorney General may direct, and notice that any person,
other than Martinez-Garmendi, having or claiming a legal interest in the
property, must file a Petition with the Court within thirty days of the final
publication of notice or of receipt of actual notice, whichever is earlier.
6. 	The published notice shall state the Petition referred to in Paragraph 5, above,
shall be for a hearing to adjudicate the validity of the Petitioner’s 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 property, and any additional facts supporting the Petitioner’s claim and
the relief sought.
7. 	The government may also, to the extent practicable, provide direct written
notice to any person known to have an interest in the property, as a substitute
for published notice as to those persons so notified.
8. 	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.
Dated this 14th day of January 2026.
BY THE COURT:
Robert F. Rossiter, Jr.
Chief United States District Judge
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