FILED
2020 FEB 20
CLERK
JOHN W. HUBER, United States Attorney (#7226) U.S. DISTRICT COURT
LYNDA R. KRAUSE, Assistant United States Attorney (#7433)
Attorneys for the United States of America
111 South Main Street, Suite 1800
Salt Lake City, Utah 84111
Telephone: (801) 524-5682
[email protected]
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH, CENTRAL DIVISION
IN RE: MOTION TO AMEND
THE DISTRICT OF
UTAH CONSOLIDATED Misc. No. 20-005
COLLATERAL
FORFEITURE SCHEDULE
Comes now the United States of America by and through its Attorney of Record, Lynda
R. Krause, and respectfully Moves this Court, pursuant to Rules 58(d)(l) and 58(d)(2) of the
Federal Rules of Criminal Procedure, to amend the Utah Consolidated Collateral Forfeiture
Schedule as follows:
1. Any violation of federal statute involving the simple Possession of
a Controlled Substance, other than less than one (1) ounce of marijuana, shall be processed under
the Code of Federal Regulations Title and Section applicable to the federal agency issuing the
Violation Notice. All such Violation Notices shall require an Optional Court Appearance before
a United States Magistrate Judge unless, in the judgment of the issuing officer, a Mandatory
Court Appearance is justified or the offense involves a second or subsequent misdemeanor
possession of a controlled substance violation.
1
FILED
2020 FEB 20
CLERK
U.S. DISTRICT COURT
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH, CENTRAL DIVISION
IN RE: ORDER AMENDING
THE DISTRICT OF
UTAH CONSOLIDATED Misc. No. 20-005
COLLATERAL
FORFEITURE SCHEDULE
Upon motion of the United States of America, and for good cause appearing,
IT IS HEREBY ORDERED, pursuant to Rules 58(d)(l) and 58(d)(2) of the Federal Rules of
Criminal Procedure, the Utah Consolidated Collateral Forfeiture Schedule is amended as
follows:
1. Any violation of federal statute involving the simple Possession of
a Controlled Substance, other than less than one ounce of marijuana, shall be processed under the
Code of Federal Regulations Title and Section applicable to the federal agency issuing the
Vic:1lation Notice. All such Violation Notices shall require an Optional Court Appearance before
a United States Magistrate Judge unless, in the judgment of the issuing officer, a Mandatory
Court Appearance is justified or the offense involves a second or subsequent misdemeanor
possession of a controlled substance violation.
2. The collateral forfeiture amounts are:
a. First violation: five hundred dollars ($500.00); and
b. Second or subsequent violations: one thousand dollars ($1000.00).
3. This amendment is effective immediately and applies to all federal law
1