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McGREGOR W. SCOTT

United States Attorney

PHILLIP A. TALBERT

Assistant U.S. Attorney

501 I Street, Ste. 10-100 

Sacramento, California 95814

Telephone: (916) 554-2789

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA, ) 2:04-cr-0389-MCE

)

Plaintiff, ) PRELIMINARY ORDER OF

) FORFEITURE AND PUBLICATION 

v. ) THEREOF RE PERSONAL PROPERTY 

) OF MACLOVIO ACOSTA

MACLOVIO ACOSTA, et al. ) 

) 

Defendants. )

______________________________)

Based upon the plea agreement entered into between plaintiff

United States of America and defendant Maclovio Acosta, it is

hereby 

ORDERED, ADJUDGED AND DECREED as follows:

1. Pursuant to 21 U.S.C. § 853, defendant Maclovio Acosta’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. 1996 GMC Yukon, VIN: 3GKEC18R9TG520014,

License Number 3TJZ621.

2. The above-listed property was used or intended to be

used, in any manner or part, to commit and to facilitate the

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commission of the violations of 21 U.S.C. §§ 846 and 841(a)(1).

3. Pursuant to Rule 32.2(b), the Attorney General (or a

designee) shall be authorized to seize the above-described

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

83-171, the United States forthwith shall publish at least once

for three successive weeks in the Appeal Democrat (Yuba/Sutter

County), a newspaper of general circulation located in the county

in which the above-described property was seized, notice of this

Order, notice of the Attorney General’s and/or Secretary of

Treasury’s intent to dispose of the property in such manner as

the Attorney General and/or the Secretary of Treasury may direct,

and notice that any person, other than the defendant, having or

claiming a legal interest in the above-listed forfeited property

must file a petition with the Court within thirty (30) days of

the final publication of the notice or of receipt of actual

notice, whichever is earlier. 

b. This 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 and any additional facts supporting the

petitioner's claim and the relief sought.

c. The United States may also, to the extent

practicable, provide direct written notice to any person known to

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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.

5. 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 21 U.S.C. § 853 in which all

interests will be addressed. 

IT IS SO ORDERED.

DATED: September 28, 2006

_____________________________

MORRISON C. ENGLAND, JR

UNITED STATES DISTRICT JUDGE

Case 2:04-cr-00389-MCE Document 200 Filed 09/29/06 Page 3 of 3