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United States v. Leyva-Martinez

United States District Court, D. Nebraska

September 7, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
HUGO LEYVA-MARTINEZ, Defendant.

          PRELIMINARY ORDER OF FORFEITURE

          JOSEPH F. BATAILLON SENIOR UNITED STATES DISTRICT JUDGE

         This matter comes on before the Court upon the United States' Motion for Preliminary Order of Forfeiture (Filing No. 63). The Court reviews the record in this case and, being duly advised in the premises, finds as follows:

         1. The Defendant has agreed to plead guilty to Count I, II, and III and agreed to admit to the Forfeiture Allegation of said Superseding Indictment. Count I charged the Defendant with conspiracy to distribute methamphetamine, in violation of 21 U.S.C. § 846. The Forfeiture Allegation charged the Defendant with using the following properties to facilitate the commission of the conspiracy and/or was derived from proceeds obtained directly or indirectly as a result of the commission of the conspiracy:

a. $35, 640.00, cash, seized from 332 South 154th Street, Omaha, Nebraska on December 7, 2015;
b. a 2006 F250 truck, VIN 1FTSW21Pl6EA97896; and
c. the following list of weapons seized on December 7, 2015 from storage unit no. 809 at 9815 Redick Avenue. Omaha, Nebraska:
a. D Technik Czeck Republic 7.62 caliber long gun with folding stock, serial number VZ5800992;
b. M 31 SA9 X 19 .9mm drum fed carbine long gun, serial number Y000874;
c. Tikka T3 308 caliber bolt action scoped rifle, serial number D21606;
d. Kimber Pro carry 2 .45 caliber semi-automatic handgun, serial number KR43265;
e. Springfield XD .9mm Semi-automatic, serial number XD135922;
f. Burgo 38 special .38 caliber revolver, serial number 113305;
g. Rheinische Netallwagren semi-automatic .32 caliber pistol, ...

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