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United States v. Medina-Juarez
2:24-cr-00103
D. Nev.
Apr 16, 2025
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Background

  • Cesar Medina-Juarez pled guilty to two federal felonies: illegal reentry after deportation under 8 U.S.C. § 1326(a) and possession of a firearm by a prohibited person under 18 U.S.C. § 922(g)(5)(A).
  • As part of his plea agreement, Medina-Juarez consented to the forfeiture of certain firearms and ammunition involved in his offenses.
  • The United States moved for a preliminary order of forfeiture covering the seized firearms and ammunition connected to Count Three of the indictment.
  • The Court determined a sufficient nexus existed between the property and the firearm possession offense to support forfeiture.
  • The order allows the government to seize the listed firearms and ammunition, vests all interest in the property with the United States, and sets forth procedures for potential third-party claims to contest the forfeiture.
  • Notice of forfeiture will be published online, and third parties have 30 days to petition for a hearing regarding any alleged interest in the property.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Forfeiture of firearms and ammunition as property used in violation of 18 U.S.C. § 922(g)(5)(A) Government argued that the firearms and ammunition are subject to forfeiture due to Medina-Juarez's illegal possession as a prohibited person. Medina-Juarez agreed to forfeiture as part of his plea. Court ordered forfeiture of the specified property to the United States.
Procedure for notice and third-party claims Government asserted statutory procedure requiring publication and opportunity for third-party claims. No opposition noted; defendant pled guilty and stipulated to procedures. Court mandated notice publication and outlined process for third-party petitions.
Authority to order additional or substitute property forfeiture Government argued the Court can amend or expand the forfeiture order if additional property is located. No opposition; defendant agreed by plea. Court affirmed its continuing authority to modify the forfeiture order as needed.
Vesting of ownership and possessory rights United States sought immediate vesting of all rights in forfeited property. Medina-Juarez did not object, per plea agreement. Court vested all rights and interests in the United States pending further orders.

Key Cases Cited

  • None. (The opinion does not cite judicial precedents, only statutes and procedural rules.)
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Case Details

Case Name: United States v. Medina-Juarez
Court Name: District Court, D. Nevada
Date Published: Apr 16, 2025
Docket Number: 2:24-cr-00103
Court Abbreviation: D. Nev.