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United States v. Willis

United States District Court, S.D. Georgia, Savannah Division

February 17, 2017

UNITED STATES OF AMERICA
v.
TYRONE WILLIS, JR.

          Mercela C. Meteo Assistant United States Attorney.

          Tyrone Willis, Jr. Defendant.

          Laura Hastay, Esq. Attorney for Defendant.

          CONSENT ORDER OF FORFEITURE.

         WHEREAS, 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 offense;

         WHEREAS, 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");

         WHEREAS, 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 to forfeiture;

         WHEREAS, 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);

         WHEREAS, 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

         WHEREAS, 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.

         NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT:

         1. 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.

         2. Upon 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 assets.

         3. Upon 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. 32.2(c)(1).

         4. Any 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 ...


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