USA v. Mitchell, et al.

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEX.AS
HOUSTON DIVISION
UNITED STATES OF AMERICA, §
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Petitioner,
v.
TYNEZA MITCHELL,
Defendant.
CRIMINAL ACTION NO. H-25-0267
MEMORANDUM OPINION AND ORDER
On December 17, 2025, the court entered an Order for
Interlocutory Sale of Real Property, authorizing the sale of real
property located at 19114 Coleto Creek Bend Drive, Cypress, Texas
77433. 1 Pending before the court is Spencer Mitchell's Motion for
Limited Appearance and Stay of Interlocutory Sale (Docket Entry No.
69). 2 Mitchell, the husband of Tyneza Mitchell ("Defendant"),
argues that the court should grant an immediate stay of the
interlocutory sale order because (1) the Government cannot dispose
of his interest in the property without affording him notice and
the opportunity to be heard, (2) Rule G(7) (b) (i) of the civil
Supplemental Rules of Admiralty or Maritime Claims and Asset
1Order for Interlocutory Sale of Real Property, Docket Entry
No. 54, p. 1. For purposes of identification, all page numbers
to the pagination imprinted at the top of the page by the
court's Electronic Case ling system.
2The court has also considered Mitchell's Declaration in
Support of Motion for Limited Appearance and Stay of Interlocutory
Sale (Docket Entry No. 70) and Reply to United States' Response to
Motion for Limited Appearance and Interlocutory Sale (Docket Entry
No. 72).
United States District Court
Southern District of Texas
ENTERED
July 24, 2026
Nathan Ochsner, Clerk
Case 4:25-cr-00267 Document 105 Filed 07/24/26 in TXSD Page 1 of 3

Forfeiture Actions only authorizes an interlocutory sale upon a
showing of perishability, excessive maintenance costs, default, or
other good cause, and (3) the stay factors under Nken v. Holder,
129 S. Ct. 1749 (2009) favor immediate relief.3
Mitchell's arguments have no merit. Mitchell "has had actual
notice of these proceedings for many months."4 Mitchell hired an
attorney in February of 2026 to represent his interests in the
interlocutory sale of his property. 5 In addition, Mitchell was
provided with a signed Order to Vacate on April 15, 2026, had a
Notice to Vacate posted on property on May 12, 2026, and spoke
directly to a United States Marshall Service contractor employee on
May 22, 2026, about the Notice to Vacate.6 Second, the
interlocutory sale of Mitchell's property authorized by Rule
G(7) (b) (i) of the civil Supplemental Rules of Admiralty or Maritime
Claims and Asset Forfeiture Actions because "mortgage payments on
3Motion for Limited Appearance and Stay of Interlocutory Sale,
Docket Entry No. 69, pp. 2-3. Mitchell also argues that because
the property is community property, the Government can only seek
forfeiture of Defendant's adjudicated interest in the property .
.IQ..._ at 3. However, on May 27, 2026, Mitchell was indicted this
action. First Superseding Indictment, Docket Entry No. 73. The
indictment included notice of criminal forfeiture and specifically
stated that the real property located at 19114 Coleto Creek Bend
Drive, Cypress, Texas 77433 was subject to forfeiture. � at 15.
The court therefore need not address this argument.
4 United States Response to Spencer Mitchell's
Limited Appearance and Stay Interlocutory Sale",
No. 71, p. 2.
-2-
"Motion for
Docket Entry
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the[] property are overdue, [] the equity in the property is being
reduced by Defendant's failure to pay the mortgage, and[] there is
good cause for an interlocutory private sale in accordance with 28
U.S.C. § 2001(b) ."7 The factors under Nken v. Holder, do not favor
a stay. Mitchell has not demonstrated a substantial likelihood of
success on the merits nor has he presented evidence that
establishes that the sale of the property would constitute
irreparable harm. Moreover, the Government has shown that delaying
the sale would harm the victims of Defendant's fraud.8
For the reasons explained above, Motion for Limited Appearance
and Stay of Interlocutory Sale (Docket Entry No. 69) is DENIED.
SIGNED at Houston, Texas, on this 24th day of July, 2026.
7 SIM LAKE
SENIOR UNITED STATES DISTRICT JUDGE
7Order for Interlocutory Sale of Real Property, Docket Entry
No. 54, p. 1.
8United States Response to Spencer Mitchell's "Motion for
Limited Appearance and Stay of Interlocutory Sale", Docket Entry
No. 71, p. 2.
-3-
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