JOINT CASE MANAGEMENT STATEMENT

JEFFREY S. WHITE, District Judge.

This is a judicial forfeiture action. The Court has jurisdiction over defendant $144,001 under 21 U.S.C. § 881(a)(6).

Following the filing of this action, the action was stayed pending resolution of a federal criminal case in the Middle District of Georgia against claimant Pompey and a state criminal drug trafficking case in Superior Court for Santa Clara County against claimant Pompey. Those cases have since been resolved. In October 2011, Pompey was convicted on criminal drug trafficking charges in the Middle District of Georgia involving a conspiracy to distribute between 50 and 150 kilograms of cocaine.1 In August 2012, Pompey was convicted on criminal drug trafficking charges in Superior Court for Santa Clara County and admitted that defendant $144,001 in this action was proceeds of the state drug trafficking charges on which he was convicted.2 Pompey is represented in the state criminal case and in this federal civil forfeiture case by counsel David Cohen.

Following Pompey's entry of a guilty plea on August 3, 2012, the United States requested Mr. Cohen to have his client, Pompey, stipulate to a judgment of forfeiture of defendant $144,001 and an order dismissing this action because Pompey had already admitted in the state court case that defendant $144,001 is the proceeds of drug trafficking. See Joint Case Management Statement, filed November 30, 2013. On January 25, 2013, Mr. Cohen emailed the undersigned AUSA, agreeing that Pompey's state court admission is a basis for the federal forfeiture of that same $144,001 in this case. At that time, Mr. Cohen suggested that due to "logistical issues with the Bureau of Prisons" it would take additional time for Mr. Cohen to obtain his client's signature and asked the Court to reschedule the CMC for early April by which time he hoped to have this matter resolved. Subsequently, the clerk rescheduled the CMC for March 28, 2013. See Clerk's Notice, filed January 29, 2013.

Since the filing of the JSMS on January 28, 2013, an issue has arisen as to defendant Pompey's sentence in the state criminal case. The state court judge sentenced Pompey to 16 years to run concurrently with his federal sentence. Today, March 22, 2013, Mr. Cohen is filing a writ of habeas corpus to withdraw the plea so that Pompey can be returned to San Jose where the Deputy District Attorney (DDA) Patrick Vanier, Mr. Cohen and Pompey can work out, if possible, the custody and credit issues which have arisen. The DDA has not yet responded. If the state court were to allow Pompey to withdraw his plea, however, then Mr. Cohen contends that the admission during the change of plea in state court that the $144,001 is proceeds could not be used in this forfeiture action. As a result, Mr. Cohen asks the Court to reschedule the case management conference for May 2, 2013 to allow the DDA and him an opportunity to resolve the issues in connection with the state criminal matter.

IT IS SO STIPULATED.

PURSUANT TO THE FOREGOING STIPULATION IT IS SO ORDERED ON THIS _____ DAY OF MARCH, 2013, AND THE CASE MANAGEMENT CONFERENCE IS RESCHEDULED FOR MAY 2, 2013 AT 9:00 A.M. AND THE PARTIES ARE TO FILE A JOINT CASE MANAGEMENT STATEMENT ON OR BEFORE APRIL 25, 2013.