Elawyers Elawyers
Ohio| Change

U.S. v. Ruffin, 5:16-CR-00321-FL. (2019)

Court: District Court, E.D. North Carolina Number: infdco20190221e29 Visitors: 7
Filed: Feb. 20, 2019
Latest Update: Feb. 20, 2019
Summary: PRELIMINARY ORDER OF FORFEITURE LOUISE W. FLANAGAN , District Judge . WHEREAS, pursuant to the defendant being found guilty by Verdict of a jury to Count One of the Criminal Indictment on August 15, 2018, and further evidence of record and as presented by the Government, the Court finds that the following property is hereby forfeitable pursuant to 21 U.S.C. 853, to wit: $2,082.37 in United States currency; AND WHEREAS, by virtue of the entry of the Verdict, the United States is now enti
More

PRELIMINARY ORDER OF FORFEITURE

WHEREAS, pursuant to the defendant being found guilty by Verdict of a jury to Count One of the Criminal Indictment on August 15, 2018, and further evidence of record and as presented by the Government, the Court finds that the following property is hereby forfeitable pursuant to 21 U.S.C. § 853, to wit: $2,082.37 in United States currency;

AND WHEREAS, by virtue of the entry of the Verdict, 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 entry of the Verdict as to the defendant Bondurant Akeem Ruffin, the United States is hereby authorized to seize the above-stated personal property as allowed by Fed. R. Crim. P. 32.2(b)(3), and it is hereby forfeited to the United States for disposition in accordance with the law. In accordance with Fed. R. Crim. P. 32.2(b)(4)(A), this Order shall become final as to the defendant at sentencing.

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).

3. That pursuant to 21 U.S.C. § 853(n), the United States shall publish notice of this Order and of its intent to dispose of the property in such manner as the Attorney General or the Secretary of Treasury directs, by publishing and sending notice in the same manner as in civil forfeiture cases, as provided in Supplemental Rule G(4). Any person other than the defendant, having or claiming any legal interest in the subject property must file a petition with the Court within 30 days of the publication of notice or of receipt of actual notice, whichever is earlier.

The petition must be signed by the petitioner under penalty of perjury and shall set forth the nature and extent of the petitioners right, title, or interest in the subject property, and must include any additional facts supporting the petitioner's claim and the relief sought.

4. That upon adjudication of all third party interests this Court will enter a Final Order of Forfeiture pursuant to 21 U.S.C. § 853, as required by Fed. R. Crim. P. 32.2(c)(2).

SO ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer