Filed: Nov. 30, 2012
Latest Update: Nov. 30, 2012
Summary: CONSENT ORDER AND JUDGMENT OF FORFEITURE (PRELIMINARY) PENDING RULE 32.2(c)(2) DAVID S. CAYER, Magistrate Judge. BASED UPON the defendant's plea of guilty, and finding that there is a substantial nexus between the property listed below and the offense(s) to which the defendant has pled guilty and that the defendant has or had a possessory interest or other legal interest in the property, IT IS HEREBY ORDERED THAT: 1. The following property is forfeited to the United States pursuant to 18 U.S.
Summary: CONSENT ORDER AND JUDGMENT OF FORFEITURE (PRELIMINARY) PENDING RULE 32.2(c)(2) DAVID S. CAYER, Magistrate Judge. BASED UPON the defendant's plea of guilty, and finding that there is a substantial nexus between the property listed below and the offense(s) to which the defendant has pled guilty and that the defendant has or had a possessory interest or other legal interest in the property, IT IS HEREBY ORDERED THAT: 1. The following property is forfeited to the United States pursuant to 18 U.S.C..
More
CONSENT ORDER AND JUDGMENT OF FORFEITURE (PRELIMINARY) PENDING RULE 32.2(c)(2)
DAVID S. CAYER, Magistrate Judge.
BASED UPON the defendant's plea of guilty, and finding that there is a substantial nexus between the property listed below and the offense(s) to which the defendant has pled guilty and that the defendant has or had a possessory interest or other legal interest in the property, IT IS HEREBY ORDERED THAT:
1. The following property is forfeited to the United States pursuant to 18 U.S.C. § 924, 28 U.S.C. § 2461(c), and/or 21 U.S.C. § 853(p), provided, however, that forfeiture of specific assets is subject to any and all third party petitions under 21 U.S.C. § 853(n), pending final adjudication herein:
One Bersa .380 caliber handgun and ammunition seized during the course of the investigation of the offense to which defendant pled guilty.
2. If and to the extent required by Fed. R. Crim. P. 32.2(b)(6), 21 U.S.C. § 853(n), and/or other applicable law, the United States shall publish notice and provide direct written notice of forfeiture; provided, no such notice is required if this order consists solely of a money judgment.
3. Pursuant to Fed. R. Crim. P. 32.2(b)(3), upon entry of this order, the United States Attorney's Office is authorized to conduct any discovery needed to identify, locate, or dispose of the property, including depositions, interrogatories, and request for production of documents, and to issues subpoenas pursuant to Fed. R. Civ. P. 45.
The parties stipulate and agree that the aforementioned firearm and ammunition was involved in the offense to which defendant pled guilty and is therefore subject to forfeiture pursuant to 18 U.S.C § 924(d) and/or 28 U.S.C. § 2461(c). The defendant hereby waives the requirements of Fed. R. Crim. P. 32.2 and 43(a) regarding notice of the forfeiture in the charging instrument, announcement of the forfeiture at sentencing, and incorporation of the forfeiture in the judgment against defendant. If the defendant has previously submitted a claim in response to an administrative forfeiture proceeding regarding any of this property, defendant hereby withdraws that claim. If defendant has not previously submitted such a claim, defendant hereby waives all right to do so.
