Cueto
United States v. Cueto
Opinion
lead Opinion
Hauk, J.
AMENDED DECISION AND ORDER DENYING PETITIONER’S 28 U.S.C. § 2255 MOTION TO VACATE, SET ASIDE OR CORRECT SENTENCE
This Amended Decision and Order supplants and is a substitution for this Court’s initial Decision and Order signed on August 23, 1996, and entered by the Clerk of the Court on August 30,1996.
BACKGROUND
In May of 1991, the U.S. Customs Service intercepted a shipment of methamphetamine being smuggled into the United States from the Philippines. A successful sting operation led to the arrest of Petitioner Nilo Medina Cueto, a 40 year old male with no prior criminal history.
On May 29, 1991, shortly after Petitioner was arrested, two of his automobiles and $5,854 in U.S. currency were seized by the U.S. Customs Service, pursuant to 19 U.S.C. § 1595 (a)(l)(A)-(B) 1 and 18 U.S.C. § 981 , 2 respectively. On July 1, 1991, a Seizure Notification letter was sent by the U.S. Customs Service to Petitioner’s last known address. This letter stated that each item seized by Customs was subject to civil forfeiture proceedings
Before trial, but after Petitioner violated the conditions of his bond, he was arrested again and another automobile and two firearms were seized by the U.S.…