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United States v. Rivera, 5:19-CR-00017-FL-1. (2019)

Court: District Court, E.D. North Carolina Number: infdco20190903796 Visitors: 10
Filed: Aug. 27, 2019
Latest Update: Aug. 27, 2019
Summary: ORDER OF FORFEITURE LOUISE W. FLANAGAN , District Judge . WHEREAS, pursuant to the entry of a Memorandum of Plea Agreement by the defendant on April 18, 2019 and the defendant's guilty plea to offenses in violation of 21 U.S.C. 841(a)(1) and 846, the Court finds that the following property is hereby forfeitable pursuant to 21 U.S.C. 853, to wit: $18,000.00, an amount that the defendant agreed represents proceeds that he personally obtained directly or indirectly as a result of the sai
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ORDER OF FORFEITURE

WHEREAS, pursuant to the entry of a Memorandum of Plea Agreement by the defendant on April 18, 2019 and the defendant's guilty plea to offenses in violation of 21 U.S.C. §§ 841(a)(1) and 846, the Court finds that the following property is hereby forfeitable pursuant to 21 U.S.C. § 853, to wit: $18,000.00, an amount that the defendant agreed represents proceeds that he personally obtained directly or indirectly as a result of the said offense, and further stipulated that he had by his own acts of omissions made these proceeds unavailable and that one or more of the conditions to forfeit substitute assets exists as set forth in 21 U.S.C. § 853(p);

It is hereby ORDERED, ADJUDGED and DECREED:

1. That based upon the defendant's stipulation that he personally obtained at least $18,000.00 in proceeds from his violation of 21 U.S.C. § 846, and that he has by his own acts or omissions made the proceeds unavailable and that one or more of the conditions to forfeit substitute assets exists as set forth in 21 U.S.C. § 853(p), the United States is authorized to forfeit substitute assets not to exceed $18,000.00 in value. Pursuant to Rule 32.2(e) of the Federal Rules of Criminal Procedure, the United States may move to amend this Order at any time to substitute specific property to satisfy this Order of Forfeiture in whole or in part. 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).

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). In accordance with Fed.R.Crim.P. 32.2(b)(4)(A), this Order shall be final as to the defendant upon entry.

SO ORDERED.

Source:  Leagle

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