Filed: Aug. 27, 2019
Latest Update: Aug. 27, 2019
Summary: AGREED PRELIMINARY ORDER OF FORFEITURE KEITH STARRETT , District Judge . PURSUANT to a separate Plea Agreement and Plea Supplement between SACORY BROWN, by and with the consent of his attorney, and the UNITED STATES OF AMERICA (hereinafter "the Government"), SACORY BROWN, agrees that the following findings are correct, and further agrees with the adjudications made herein. Accordingly, the Court finds as follows: 1. The defendant is fully aware of the consequences of having agreed t
Summary: AGREED PRELIMINARY ORDER OF FORFEITURE KEITH STARRETT , District Judge . PURSUANT to a separate Plea Agreement and Plea Supplement between SACORY BROWN, by and with the consent of his attorney, and the UNITED STATES OF AMERICA (hereinafter "the Government"), SACORY BROWN, agrees that the following findings are correct, and further agrees with the adjudications made herein. Accordingly, the Court finds as follows: 1. The defendant is fully aware of the consequences of having agreed to..
More
AGREED PRELIMINARY ORDER OF FORFEITURE
KEITH STARRETT, District Judge.
PURSUANT to a separate Plea Agreement and Plea Supplement between SACORY BROWN, by and with the consent of his attorney, and the UNITED STATES OF AMERICA (hereinafter "the Government"), SACORY BROWN, agrees that the following findings are correct, and further agrees with the adjudications made herein. Accordingly, the Court finds as follows:
1. The defendant is fully aware of the consequences of having agreed to forfeit to the Government his interests in and to the hereinafter described property, having been apprised of such by his attorney and by this Court; and he has freely and voluntarily, with knowledge of the consequences, entered into a Plea Agreement and Plea Supplement with the Government to forfeit such property.
2. The defendant agrees the:
One (1) Glock pistol, model 22, .40 caliber, Serial No.: VYY291; and Any ammunition seized
were used, or were intended to be used, in any manner or part, to commit, or to facilitate the commission of the offense charged in the one-count Indictment and/or were involved in the offense charged in the one-count Indictment. Such property is, therefore, subject to forfeiture pursuant to 18 U.S.C. § 924(d)(1) and 28 U.S.C. § 2461(c).
3. The defendant has been apprised that Rule 32.2 of the Federal Rules of Criminal Procedure, and 18 U.S.C. § 982 require the Court to order the forfeiture of the person known to have an alleged interest in the subject property. Fed. R. Crim. P. 32.2(b)(6).
e. Any person, other than the above named defendant, asserting a legal interest in the subject property may, within thirty days of the final publication of notice or receipt of notice, whichever is earlier, petition the court for a hearing without a jury to adjudicate the validity of his alleged interest in the subject property, and for an amendment of the Order of Forfeiture, pursuant to 21 U.S.C. § 853(n).
f. Pursuant to Fed. R. Crim. P. 32.2(b)(4)(A), this Preliminary Order of Forfeiture shall become final as to the defendant upon entry of this preliminary order and shall be made part of the sentence and included in the judgment. If no third party files a timely claim, this Order shall become the Final Order of Forfeiture, as provided by Fed. R. Crim. P. 32.2(c)(2).
g. Any petition filed by a third party asserting an interest in the subject property shall be signed by the petitioner under penalty of perjury and shall set forth the nature and extent of the petitioner's right, title, or interest in the subject property, the time and circumstances of the petitioner's acquisition of the right, title or interest in the subject property, any additional facts supporting the petitioner's claim and the relief sought.
h. After the disposition of any motion filed under Fed. R. Crim. P. 32.2(c)(1)(A) and before a hearing on the petition, discovery may be conducted in accordance with the Federal Rules of Civil Procedure upon a showing that such discovery is necessary or desirable to resolve factual issues. Fed. R. Crim. P. 32.2(c)(1)(B).
i. The United States shall have clear title to the subject property following the Court's disposition of all third-party interests, or, if none, following the expiration of the period provided in 21 U.S.C. § 853(n)(2), which is incorporated by 18 U.S.C. § 982(b), 31 U.S.C. § 5317(c) and 5332, and 28 U.S.C. § 2461(c) for the filing of third party petitions.
The Court shall retain jurisdiction to enforce this Order pursuant to Fed. R. Crim. P. 32.2(e), and to amend it as necessary.
SO ORDERED AND ADJUDGED.
