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