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Response to Allison Baver’s Motion to Stay Forfeiture Pending Appeal — No. 2:21-cr-00520 (Dkt. 231, D. Utah)

Summary

A Response to Allison Baver's Motion to Stay Forfeiture Pending Appeal, Document 231, filed October 8, 2024 in United States v. Allison Marie Baver, Case No. 2:21-cr-00520-JNP, before Judge Jill N. Parrish in the U.S. District Court for the District of Utah. Submitted by United States Attorney Trina A. Higgins and Assistant United States Attorney Travis K. Elder, it states that the United States does not oppose the defendant's motion (ECF 227) to stay the forfeiture during her anticipated appeal under Fed. R. Crim. P. 32.2(d). It adds that, as stated in its opposition to Allison Baver Entertainment, LLC's motion for stay of proceedings (ECF 229), the stay should not prevent the court from addressing third-party petitions in the ancillary proceeding. The response is two pages.

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“Response to Allison Baver’s Motion to Stay Forfeiture Pending Appeal — No. 2:21-cr-00520 (Dkt. 231, D. Utah).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/response-to-allison-baver-s-motion-to-stay-forfeiture-pending-appeal-n-96a64e94b3/, SHA-256 9fb76a1b027f22dc7fc9fe106250f17ae2b3aadf35f6aa1fd53e48d5d8d431d0.

Full text

Case 2:21-cr-00520-JNP Document 231 Filed 10/08/24 PageID.3709 Page 1 of 2




TRINA A. HIGGINS, United States Attorney (7349)
TRAVIS K. ELDER, Assistant United States Attorney (11987)
Attorneys for the United States of America
111 South Main Street, Suite 1800
Salt Lake City, Utah 84111
(801) 524-5682
travis.elder@usdoj.gov

                            UNITED STATES DISTRICT COURT
                                  DISTRICT OF UTAH

 UNITED STATES OF AMERICA,
                                               RESPONSE TO ALLISON BAVER’S
               Plaintiff,                      MOTION TO STAY FORFEITURE
                                                     PENDING APPEAL
        v.
                                                     Case No. 2:21-cr-00520-JNP
 ALLISON MARIE BAVER,
                                                         Judge Jill N. Parrish
               Defendant.


       The United States of America submits this response to the defendant’s Motion to

Stay Forfeiture Pending Appeal (ECF 227). The motion requests that the court stay the

forfeiture during the pendency of the defendant’s anticipated appeal under Fed. R. Crim.

P. 32.2(d). The United States does not oppose this request. However, as indicated in the

United States’ Opposition to Allison Baver Entertainment, LLC’s Motion for Stay of

Proceedings (ECF 229), such a stay of the forfeiture will not and should not prevent the
 Case 2:21-cr-00520-JNP Document 231 Filed 10/08/24 PageID.3710 Page 2 of 2




court from addressing third-party petitions in the ancillary proceeding. Rule 32.2(d)

provides that a stay of the forfeiture pending appeal by the defendant “does not delay the

ancillary proceeding or the determination of a third party’s rights or interests.”

       Respectfully submitted,

                                                  TRINA A. HIGGINS
                                                  United States Attorney


                                                  /s/ Travis K. Elder
                                                  Travis K. Elder
                                                  Assistant U.S. Attorney




                                                 2

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