Filed: Feb. 28, 2018
Latest Update: Feb. 28, 2018
Summary: ORDER OF FORFEITURE W. EARL BRITT , Senior District Judge . WHEREAS, pursuant to the entry of a Memorandum of Plea Agreement by the defendant on November 27, 2017, and further evidence of record and as presented by the Government, the Court finds that the following proceeds and personal property are hereby forfeitable pursuant to 21 U.S.C. 853, 18 U.S.C. 924(d), the latter made applicable to this proceeding by virtue of 28 U.S.C. 2461(c); The defendant pled guilty to Counts One and Tw
Summary: ORDER OF FORFEITURE W. EARL BRITT , Senior District Judge . WHEREAS, pursuant to the entry of a Memorandum of Plea Agreement by the defendant on November 27, 2017, and further evidence of record and as presented by the Government, the Court finds that the following proceeds and personal property are hereby forfeitable pursuant to 21 U.S.C. 853, 18 U.S.C. 924(d), the latter made applicable to this proceeding by virtue of 28 U.S.C. 2461(c); The defendant pled guilty to Counts One and Two..
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ORDER OF FORFEITURE
W. EARL BRITT, Senior District Judge.
WHEREAS, pursuant to the entry of a Memorandum of Plea Agreement by the defendant on November 27, 2017, and further evidence of record and as presented by the Government, the Court finds that the following proceeds and personal property are hereby forfeitable pursuant to 21 U.S.C. 853, 18 U.S.C. § 924(d), the latter made applicable to this proceeding by virtue of 28 U.S.C. § 2461(c);
The defendant pled guilty to Counts One and Two of the Criminal Information, that is, to offenses in violation of 21 U.S.C. 846 and 18 U.S.C. § 924(c)(1)(A). By virtue of the defendant's guilty plea and agreement, the United States is now entitled to the defendant's interest in $4,020.00, which represents the value of proceeds the Defendant personally obtained as a result of his offense' in Count One, pursuant to 21 U.S.C. § 853. The defendant also agreed to forfeit certain personal property belonging to the defendant that was involved in or used in a knowing violation of 18 U.S.C. § 924(c) (1)(A), to wit:
1. 223 caliber DPMS Panther Arms, Model A-15, rifle with serial number FFH026573;
2. 9mm Glock, Model 19, handgun with serial number BACZ70;
3. Eleven rounds of 9mm ammunition; and
4. Any and all related ammunition;
Accordingly, it is hereby ORDERED, ADJUDGED AND DECREED that:
1. That based upon the agreement contained in the Memorandum of Plea Agreement as to the defendant, Freeman Hankins Jr., the United States is hereby authorized to seize the above-stated personal property, that is, any firearm or ammunition recovered, specifically, .223 caliber DPMS Panther Arms, Model A-15, rifle with serial number FFH026573; 9mm Glock, Model 19, handgun with serial number BACZ70; eleven rounds of 9mm ammunition; and any and all related ammunition;, and they are 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);
2. That based upon the defendant's guilty plea and agreement, the above-listed $4,020.00, which represents the value of proceeds the Defendant personally obtained as a result of his offense, is forfeited to the United States for disposition in accordance with the law; and
3. Any and all forfeited funds shall be deposited by the U. S. Department of Justice or the U. S. Department of the Treasury, as soon as located or recovered, into the U. S. Department of Justice's Assets Forfeiture Fund or the U. S. Department of the. Treasury's Assets Forfeiture Fund in accordance with 28 U.S.C. § 524(c) and 21 U.S.C. § 881(e).
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). In accordance with Fed. R. Crim. P. 32.2(b)(4)(A), this Order shall be final as to the defendant immediately.
SO ORDERED.
