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U.S. v. Holmes, 8:15-cr-361-T-30MAP. (2016)

Court: District Court, M.D. Florida Number: infdco20160519c04 Visitors: 24
Filed: May 18, 2016
Latest Update: May 18, 2016
Summary: PRELIMINARY ORDER OF FORFEITURE JAMES S. MOODY, Jr. , District Judge . U.S.C. 2461(c), and Rule 32.2(b)(2) for a preliminary order of forfeiture for the following property: a. a HiPoint Model JCP .40 caliber semi-automatic pistol; and b. 59 rounds of Federal .40-caliber ammunition. Being fully advised of the relevant facts, the Court finds as follows: The defendant has been found guilty of being a convicted felon in possession of the firearm and ammunition described above, in violatio
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PRELIMINARY ORDER OF FORFEITURE

U.S.C. § 2461(c), and Rule 32.2(b)(2) for a preliminary order of forfeiture for the following property:

a. a HiPoint Model JCP .40 caliber semi-automatic pistol; and b. 59 rounds of Federal .40-caliber ammunition. Being fully advised of the relevant facts, the Court finds as follows:

The defendant has been found guilty of being a convicted felon in possession of the firearm and ammunition described above, in violation of 18 U.S.C. § 922(g)(1), as charged in Count One of the Indictment. The United States has established the requisite nexus between the defendant's crime of conviction and the property identified above. Thus, the government is entitled to forfeit the firearm and ammunition, pursuant to the provisions of 18 U.S.C. § 924(d)(1), 28 U.S.C. § 2461(c), and Federal Rule of Criminal Procedure 32.2(b)(2).

Accordingly, it is ORDERED that the motion of the United States (Doc. 45) is GRANTED. Pursuant to 18 U.S.C. § 924(d)(1), 28 U.S.C. § 2461(c), and Federal Rule of Criminal Procedure 32.2(b)(2), the firearm and ammunition identified above are FORFEITED to the United States of America for disposition according to law, subject to the provisions of 21 U.S.C. § 853, as incorporated by 28 U.S.C. § 2461(c).

It is FURTHER ORDERED that, this order shall become a final order of forfeiture as to the defendant at sentencing.

The Court retains jurisdiction to complete the forfeiture and disposition of the firearm and ammunition.

DONE AND ORDERED.

Source:  Leagle

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