Filed: Dec. 08, 2015
Latest Update: Dec. 08, 2015
Summary: PRELIMINARY ORDER OF FORFEITURE PHILIP A. BRIMMER , District Judge . This matter comes before the Court on the United States' Motion for Preliminary Order of Forfeiture [Docket No. 270]. The Court having read said Motion and being fully advised in the premises finds: 1. On October 15, 2015, the United States and defendant Ryan Brown entered into a Plea Agreement [Docket No. 231], which provides a factual basis and cause to issue a forfeiture order under 21 U.S.C. 853 and Rule 32.2 of the
Summary: PRELIMINARY ORDER OF FORFEITURE PHILIP A. BRIMMER , District Judge . This matter comes before the Court on the United States' Motion for Preliminary Order of Forfeiture [Docket No. 270]. The Court having read said Motion and being fully advised in the premises finds: 1. On October 15, 2015, the United States and defendant Ryan Brown entered into a Plea Agreement [Docket No. 231], which provides a factual basis and cause to issue a forfeiture order under 21 U.S.C. 853 and Rule 32.2 of the ..
More
PRELIMINARY ORDER OF FORFEITURE
PHILIP A. BRIMMER, District Judge.
This matter comes before the Court on the United States' Motion for Preliminary Order of Forfeiture [Docket No. 270]. The Court having read said Motion and being fully advised in the premises finds:
1. On October 15, 2015, the United States and defendant Ryan Brown entered into a Plea Agreement [Docket No. 231], which provides a factual basis and cause to issue a forfeiture order under 21 U.S.C. § 853 and Rule 32.2 of the Federal Rules of Criminal Procedure.
2. The requisite nexus exists between $34,511.00 in United States currency, 2006 Ford Escape, 2001 Nissan Maxima, 2005 Volvo, Ruger .380 caliber pistol SN 37-87353, and Derringer .22 caliber pistol and Possession and the intent to distribute a quantity of 500 grams or more of a substance containing methamphetamine to which defendant Ryan Brown pled guilty.
3. Prior to the disposition of the assets, the United States, or its designated sub-custodian, is required to seize the forfeited property and provide notice to any third parties pursuant to 21 U.S.C. § 853(n).
Wherefore, it is
ORDERED that defendant's interest in the following:
a. $34,511.00 in United States currency,
b. 2006 Ford Escape,
c. 2001 Nissan Maxima,
d. 2005 Volvo,
e. Ruger .380 caliber pistol SN 37-87353, and
f. Derringer .22 caliber pistol
is forfeited to the United States in accordance with 21 U.S.C. § 853. Pursuant to Federal Rule of Criminal Procedure 32.2(b)(4), this Preliminary Order of Forfeiture shall become final as to the defendant at the time of sentencing and shall be made part of the sentence and included in the judgment. It is further
ORDERED that the United States is directed to seize the property subject to forfeiture, and further to make its return as provided by law. It is further
ORDERED that the United States shall publish notice of this Preliminary Order of Forfeiture in accordance with 21 U.S.C. § 853(n) via a government website for at least thirty consecutive days, and to make its return to this Court that such action has been completed. It is further
ORDERED that, upon adjudication of all third-party interests, if any, the Court will enter a Final Order of Forfeiture pursuant to 21 U.S.C. § 853 and Rule 32.2(c)(2) of the Federal Rules of Criminal Procedure, in which all interests will be addressed. It is further
ORDERED that the Court shall retain jurisdiction to enforce this Order and adjudicate the interests of all third-parties in ancillary proceedings. Fed. R. Crim. P. 32.2(c)(1). It is further
ORDERED that this Preliminary Order of Forfeiture may be amended pursuant to Rule 32.2(e)(1) of the Federal Rules of Criminal Procedure.
