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United States v. Lewis

United States District Court, D. Nevada

December 5, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
DUSTIN LEWIS, Defendant.

         Unopposed Motion for Interlocutory Sale

          NICHOLAS A. TRUTANICH United States Attorney.

          DANIEL D. HOLLINGSWORTH Assistant United States Attorney.

          ORDER

         The United States of America (United States) respectfully moves this Court for an Order for an Interlocutory private judicial sale of the following real property for the reasons set forth herein:

Real property known as 1035 Aviator Court, Henderson, Nevada 89002, more particularly described as:
That portion of the North half (N 1/2) of the Northwest quarter (NW 1/4) of section 32, township 22 South, range 63 East, M.D.M. and M., described as follows:
Parcel Two (2) of that certain parcel map on file in File 109 of Parcel Maps, Page 34, in the Office of the County Recorder, Clark County, Nevada, together with all improvements and appurtenances thereon, APN: 179-32-101-053

(all of which constitutes property).

         I. PROCEDURAL HISTORY

         1. On August 2, 2017, the grand jury returned a Two-Count Criminal Indictment charging Dustin Lewis (Lewis) in Count One with conspiracy to commit bank fraud in violation of 18 U.S.C. §§ 1344 and 1349 and in Count Two with bank fraud in violation of 2. Lewis is currently scheduled to go to trial on February 10, 2020, with calendar call scheduled for February 4, 2020 (ECF No. 79).

         II. ARGUMENT

         A. Statutory Authority

         When certain conditions are present, the court has authority under the following statutory provisions to order an interlocutory sale of property that is subject to criminal forfeiture prior to a final adjudication on the Government's forfeiture action.

         1. The Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions

         The Supplemental Rules generally apply to civil in rem forfeitures. See 28 U.S.C. § 2461(b); United States v. $506, 231 in United States Currency, 125 F.3d 442, 449 n.5 (7th Cir. 1997) (“The Supplemental Rules are applicable to ...


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