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United States v. Marshburn, 7:18-CR-00122-FL. (2019)

Court: District Court, E.D. North Carolina Number: infdco20190903799 Visitors: 7
Filed: Aug. 27, 2019
Latest Update: Aug. 27, 2019
Summary: ORDER OF FORFEITURE AS TO PROCEEDS AND PRELIMINARY ORDER OF FORFEITURE AS TO OTHER PROPERTY LOUISE W. FLANAGAN , District Judge . WHEREAS, pursuant to the entry of a Memorandum of Plea Agreement by the defendant on May 3, 2019 and the defendant's guilty plea to offenses in violation of 21 U.S.C. 841(a)(1) and 846 and 18 U.S.C. 924(c)(1)(A), the Court finds that the following property is hereby forfeitable pursuant to 21 U.S.C. 853, to wit: (a) A Rossi .38 caliber handgun bearing se
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ORDER OF FORFEITURE AS TO PROCEEDS AND PRELIMINARY ORDER OF FORFEITURE AS TO OTHER PROPERTY

WHEREAS, pursuant to the entry of a Memorandum of Plea Agreement by the defendant on May 3, 2019 and the defendant's guilty plea to offenses in violation of 21 U.S.C. §§ 841(a)(1) and 846 and 18 U.S.C. § 924(c)(1)(A), the Court finds that the following property is hereby forfeitable pursuant to 21 U.S.C. § 853, to wit:

(a) A Rossi .38 caliber handgun bearing serial number 190315, and any and all related ammunition; (b) $1,251.00 in United States Currency seized; and (c) $1,500.00, which represents proceeds that the defendant personally obtained directly or indirectly as a result of the said offenses, and for which the United States may forfeit substitute assets pursuant to 21 U.S.C. § 853(p). It is hereby ORDERED, ADJUDGED and DECREED:

1. That pursuant to 21 U.S.C. § 853(a), the defendant shall forfeit $1,500.00 to the United States as property constituting or derived from proceeds obtained, directly or indirectly, as a result of the said offenses.

2. That 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 for 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).

3. That based upon the Memorandum of Plea Agreement, all of the defendant's interests in the identified personal property listed herein are herewith forfeited, subject to the provisions of 21 U.S.C. § 853(n).

4. 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 a 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 petitioner's right, title, or interest in the subject property, and any additional facts supporting the petitioner's claim and the relief sought.

5. That upon adjudication of all third party interests this Court will enter a Final Order of Forfeiture pursuant to 21 U.S.C. § 853(n)(6).

6. 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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