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USA v. McCoy, 5:15-cr-00121-BO. (2017)

Court: District Court, E.D. North Carolina Number: infdco20171215c33 Visitors: 6
Filed: Dec. 13, 2017
Latest Update: Dec. 13, 2017
Summary: ORDER OF FORFEITURE TERRENCE W. BOYLE , District Judge . WHEREAS, pursuant to the entry of a Memorandum of Plea Agreement by the defendant on September 6, 2017, and further evidence of record and as presented by the Government, the Court finds that the following property is hereby forfeitable pursuant to 18 U.S.C. 924 (d) (1), 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) (1) and 924, to
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ORDER OF FORFEITURE

WHEREAS, pursuant to the entry of a Memorandum of Plea Agreement by the defendant on September 6, 2017, and further evidence of record and as presented by the Government, the Court finds that the following property is hereby forfeitable pursuant to 18 U.S.C. § 924 (d) (1), 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) (1) and 924, to wit: a Walther, model P22, .22 caliber semi-automatic pistol, SN: N021357 and all associated 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 DARIUS LASHAWN McCOY, 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 is now final as to the defendant.

2. That upon 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).

The Clerk is hereby directed to send copies of this Order to all counsel of record.

SO ORDERED.

Source:  Leagle

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