United States District Court, S.D. Georgia, Savannah Division
Mercela C. Meteo Assistant United States Attorney.
Willis, Jr. Defendant.
Hastay, Esq. Attorney for Defendant.
CONSENT ORDER OF FORFEITURE.
on September 8, 2016, a federal grand jury sitting in the
Southern District of Georgia returned a three-count
Indictment against Defendant Tyrone Willis, Jr. charging
violations of 21 U.S.C. § 841(a)(1) (Count One -
Possession with Intent to Distribute); 18 U.S.C. §
924(c)(1)(A) (Count Two - Possession of Firearm in
Furtherance of a Drug Trafficking Crime); and 18 U.S.C.
§ 922(g)(1) (Count Three -Prohibited Person in
Possession of a Firearm: Convicted Felon); WHEREAS, the
Indictment sought forfeiture pursuant to 21 U.S.C. § 853
of any proceeds obtained, directly or indirectly, as a result
of such offense charged in Count One of the Indictment, and
any property used or intended to be used, in any manner or
part, to commit or to facilitate the commission of such
the Indictment additionally sought forfeiture pursuant to 18
U.S.C. § 924(d) and 28 U.S.C. § 2461(c) of any
firearms and ammunition involved in the commission of the
offenses charged in Counts One through Three of the
Indictment, including but not limited to one Smith &
Wesson Model SD40VE .40 caliber pistol bearing serial number
HEY7953 (hereinafter, the "Subject Property");
the Indictment further provided for the forfeiture of
substitute assets pursuant to 21 U.S.C § 853(p) as
incorporated by 28 U.S.C. § 2461(c) of any other
property of Defendant up to the value of the property subject
on January 26, 2017, pursuant to a written plea agreement,
Defendant pled guilty to Counts One and Three of the
Indictment charging violations of 21 U.S.C. § 841(a)(1),
Possession with Intent to Distribute (Count One), and 18
U.S.C. § 922(g)(1), Prohibited Person in Possession of a
Firearm: Convicted Felon (Count Three);
pursuant to his plea agreement, Defendant agreed to forfeit
to the United States all right, title and interest in the
Subject Property as property involved or used in the knowing
commission of the offenses to which he has pled guilty; and
pursuant to his plea agreement, Defendant agreed to waive the
requirements of Federal Rules of Criminal Procedure
ll(b)(1)(J), 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 without further order of the Court.
THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT:
Pursuant to 21 U.S.C. § 853, 18 U.S.C. § 924(d), 28
U.S.C. § 2461(c), and Rule 32.2(b)(1) of the Federal
Rules of Criminal Procedure, the Government has established
the requisite nexus between the Subject Property and the
offenses committed by Defendant, and the Subject Property is
hereby forfeited to the United States.
the entry of this Order, in accordance with Fed. R. Crim. P.
32.2(b)(3), the Attorney General (or a designee) is
authorized to seize the Subject Property, and to conduct any
discovery that may assist in identifying, locating or
disposing of the Subject Property, any property traceable
thereto, or any property that may be forfeited as substitute
entry of this Order, the Attorney General (or a designee) is
authorized to commence any applicable proceeding to comply
with statutes governing third-party rights, including giving
notice of this Order. No such notice or ancillary proceeding
is necessary to the extent that this Order consists solely as
a judgment for a sum of money. See Fed. R. Crim. P.
person, other than the above-named defendant, asserting a
legal interest in the Subject Property may, within thirty
days of the final publication of notice or receipt of notice,
whichever is earlier, petition the court for a hearing
without a jury to adjudicate the validity of his alleged
interest in the Subject ...