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U.S. v. Contador, 1:15CR77. (2015)

Court: District Court, W.D. North Carolina Number: infdco20150817753 Visitors: 9
Filed: Aug. 14, 2015
Latest Update: Aug. 14, 2015
Summary: CONSENT ORDER AND JUDGMENT OF FORFEITURE DENNIS L. HOWELL , Magistrate Judge . WHEREAS, the defendant, MARCO ANTONIO CONTADOR, has entered into a plea agreement (incorporated by reference herein) with the United States and has voluntarily pleaded guilty pursuant to Federal Rule of Criminal Procedure 11 to one or more criminal offenses under which forfeiture may be ordered; WHEREAS, the defendant and the United States stipulate and agree that the property described below constitutes propert
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CONSENT ORDER AND JUDGMENT OF FORFEITURE

WHEREAS, the defendant, MARCO ANTONIO CONTADOR, has entered into a plea agreement (incorporated by reference herein) with the United States and has voluntarily pleaded guilty pursuant to Federal Rule of Criminal Procedure 11 to one or more criminal offenses under which forfeiture may be ordered;

WHEREAS, the defendant and the United States stipulate and agree that the property described below constitutes property derived from or traceable to proceeds of the defendant's offense(s) herein; property involved in the offenses, or any property traceable to such property; and/or property used in any mamer to facilitate the commission of such offense(s); or substitute property for which under 21 U.S.C. § 853(p) and Fed. R. Crim. P. 32.2(e); and is therefore subject to forfeiture pursuant to 18 U.S.C. § 2253, provided, however, that such forfeiture is subject to any and all third party claims and interests, pending final adjudication herein;

WHEREAS, the defendant herein waives the requirements of Federal Rules of Criminal Procedure 32.2 and 43(a) regarding notice of the forfeirure in the charging instrument, announcement of the forfeiture at sentencing, and incorporation of the forfeiture in the judgment against defendant;

WHEREAS, pursuant to Federal Rules of Criminal Procedure 32.2(b)(l) & (c)(2), the Court finds that there is the requisite nexus between the property and the offense(s) to which the defendant has pleaded guilty and that the defendant has a legal or possessory interest in the property;

WHEREAS, the defendant withdraws any claim previously submitted in response to an administrative forfeiture or civil forfeiture proceeding conceming any of the property described below. Ifthe defendant has not previously submitted such a claim, the defendant hereby waives all right to do so. Ifany administrative forfeiture or civil forfeiture proceeding conceming any of the propety described below has previously been stayed, the defendant hereby consents to a lifting of the stay and consents to forfeiture;

WHEREAS, the undersigned United States Magistrate Judge is authorized to enter this Order by the previous Order ofthis Court No. 3:05MC302-C (September 8, 2005);

NOW, THEREFORE, IT IS HEREBY ORDERED THAT:

The following property is forfeited to the United States:

Western Digital External Hard Drive Two Cameras HP Pavilion Laptop Computer SN: MAC 64D4DA268C3f White External USB Hard Drive SN: 2GE6Z|4J Silver External USB My Passport Hard Drive, SN: WXG1A50A8936T Apple iMac Computer SN: YDI265CBDAS HP Pavilion Laptop Computer SN: CNF6523MYC Black Western Digital Hard Drive SN: WXKICB1P8573 Windows Tablet Computer

The United States Marshal and/or other propety custodian for the investigative agency is authorized to take possession and maintain custody of the above-described tangible property.

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 wriften notice ofthis forfeiture.

Any person, other than the defendant, asserting any legal interest in the propefty may, within thirty days of the publication of notice or the receipt of notice, whichever is earlier, petition the coufi for a hearing to adjudicate the validity of the alleged interest.

Pusuant to Rule 32.2(b)(3) of the Federal Rules of Criminal Procedure, upon entry of this Order of Forfeiture, the United States Attomey's Oflice is authorized to conduct any discovery needed to identify, locate or dispose of the propefiy, including depositions, intemogatories, requests for production ofdocuments and to issue subpoenas, pursuant to Rule 45 olthe Federal Rules of Civil Procedure.

Following the Court's disposition of all timely petitions filed, a final order of lorfeiture shall be entered, as provided by Fed. R. Crim. P.32.Z(c)(Z).If no third party files a timely petition, this order shall become the final order andjudgment of forfeiture, as provided by Fed. R. Crim. P. 32.2(c)(2), and the United States shall have clear title to the property, and shall dispose of the propety according to law. Pursuant to Rule 32.2(b)(4)(A), the defendant consents that this order shall be final as to defendant upon filing.

Source:  Leagle

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