Filed: Jul. 21, 2017
Latest Update: Jul. 21, 2017
Summary: ORDER AND JUDGMENT OF FORFEITURE LOUISE W. FLANAGAN , District Judge . In the Criminal Indictment in the above action, the United States sought forfeiture of property of the defendant, pursuant to 21 U.S.C. 853, as proceeds of the unlawful activity of the defendant as charged in the Criminal Indictment or property used to facilitate such activity,; The defendant pled guilty to Count One of the Criminal Indictment and agreed to forfeit the property listed in the Criminal Indictment, that i
Summary: ORDER AND JUDGMENT OF FORFEITURE LOUISE W. FLANAGAN , District Judge . In the Criminal Indictment in the above action, the United States sought forfeiture of property of the defendant, pursuant to 21 U.S.C. 853, as proceeds of the unlawful activity of the defendant as charged in the Criminal Indictment or property used to facilitate such activity,; The defendant pled guilty to Count One of the Criminal Indictment and agreed to forfeit the property listed in the Criminal Indictment, that is..
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ORDER AND JUDGMENT OF FORFEITURE
LOUISE W. FLANAGAN, District Judge.
In the Criminal Indictment in the above action, the United States sought forfeiture of property of the defendant, pursuant to 21 U.S.C. 853, as proceeds of the unlawful activity of the defendant as charged in the Criminal Indictment or property used to facilitate such activity,;
The defendant pled guilty to Count One of the Criminal Indictment and agreed to forfeit the property listed in the Criminal Indictment, that is, $16,950.00 which represents proceeds the defendant obtained directly or indirectly as a result of the said offenses, as well as a:
(a) Marlin, Model 99C, .22 caliber rifle, serial number 70242803;
(b) Springfield Armery, Model XD9, 9 mm handgun, serial number US947301;
(c) Taurus Millenium, .40 caliber handgun, serial number SVF08493;
(d) Phoenix Arms, Model HP22A, .22 caliber pistol, serial number 4259958; and
(e) Llama, Model Especial, .380 caliber pistol, bearing an altered/obliterated serial number.
By virtue of the defendant's guilty plea and agreement, the United States is now entitled to the defendant's interest in $16,950.00 currency and to the firearms, pursuant to Fed. R. Crim. P. 32.2(b) (3);
Accordingly, it is hereby ORDERED, ADJUDGED AND DECREED that:
1. That based upon the Memorandum of Plea Agreement as to the defendant SANTOS MENDOZA VASQUEZ, the United States is hereby authorized to seize the above-stated firearms, which 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. Based upon the defendant's guilty plea and agreement, the above-listed $16,950.00 currency 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).
In respect to the dollar amount forfeited by the defendant but not in the possession of or its whereabouts known to the Government, JUDGMENT is hereby entered against the defendant for the amount forfeitable, specifically, $16,950.00 currency.
In addition, upon sentencing and issuance of the Judgment and Commitment Order, the Clerk of Court is directed to incorporate a reference to this Order and Judgment of Forfeiture in the applicable section of the Judgment, as required by Fed. R. Crim. 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 at sentencing.
SO ORDERED.
