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U.S. v. Nowell, 5:18-CR-00015-D. (2018)

Court: District Court, E.D. North Carolina Number: infdco20181023h86 Visitors: 16
Filed: Oct. 16, 2018
Latest Update: Oct. 16, 2018
Summary: ORDER OF FORFEITURE JAMES C. DEVER, III , Chief District Judge . WHEREAS, pursuant to the entry of a Memorandum of Plea Agreement by the defendant on July 9, 2018, 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), 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:
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ORDER OF FORFEITURE

WHEREAS, pursuant to the entry of a Memorandum of Plea Agreement by the defendant on July 9, 2018, 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), 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 Smith and Wesson .40 caliber handgun, with serial number DWE3982, and 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 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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