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United States v. Garcia-Altamirano, 7:18-CR-00004-H. (2020)

Court: District Court, E.D. North Carolina Number: infdco20200219f53 Visitors: 5
Filed: Feb. 18, 2020
Latest Update: Feb. 18, 2020
Summary: ORDER OF FORFEITURE MALCOLM J. HOWARD , District Judge . WHEREAS, pursuant to the entry of a Memorandum of Plea Agreement by the defendant on October 15, 2019, and further evidence of record as presented by the Government, the Court finds that the following property is hereby forfeitable pursuant to 18 U.S.C. 924(d)(1), the latter made applicable to this proceeding by virtue of 28 U.S.C. 2461(c), as a firearm and ammunition used in knowing violations of 18 U.S.C. 922(g)(5)(A) and 92
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ORDER OF FORFEITURE

WHEREAS, pursuant to the entry of a Memorandum of Plea Agreement by the defendant on October 15, 2019, and further evidence of record as presented by the Government, the Court finds that the following property is hereby forfeitable pursuant to 18 U.S.C. § 924(d)(1), the latter made applicable to this proceeding by virtue of 28 U.S.C. § 2461(c), as a firearm and ammunition used in knowing violations of 18 U.S.C. §§ 922(g)(5)(A) and 924(a)(2), to wit:

a) An Amadeo Rossi, .38 caliber firearm, bearing serial number D494635; and b) any and all related ammunition.

AND WHEREAS, by virtue of said Memorandum of Plea Agreement, the United States is now entitled to possession of said personal property, pursuant to Fed. R. Crim. P. 32.2(b)(3);

It is hereby ORDERED, ADJUDGED and DECREED:

1. That based upon the Memorandum of Plea Agreement as to the defendant, the United States is hereby authorized to seize the above-stated personal property, and it is hereby forfeited to the United States for disposition in accordance with the law, including destruction, as allowed by Fed. R. Crim. P. 32.2(b)(3). In accordance with Fed. R. Crim. P. 32.2(b)(4)(A), this Order shall be final as to the defendant upon entry.

2. That in light of sentencing and issuance of the Judgment and Commitment Order, the Clerk of Court is directed to incorporate a reference to this Order of Forfeiture in the applicable section of the Judgment, as required by Fed. R. Crim. P. 32.2(b)(4)(B).

SO ORDERED.

Source:  Leagle

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