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United States v. Lawson

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

February 28, 2017

UNITED STATES OF AMERICA
v.
AKEIRAN LAWSON

          CONSENT ORDER OF FORFEITURE

          WILLIAM T. MOORE, JR JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA

         WHEREAS, on January 4, 2017, a federal grand jury sitting in the Southern District of Georgia returned a two-count Indictment against Defendant Akeiran Lawson charging violations of 18 U.S.C. § 924(c)(1)(A) (Count One - Possession of a Firearm in Furtherance of Drug Trafficking Crime); and 21 U.S.C. § 846 (Count Two - Attempt to Possess with Intent to Distribute a Controlled Substance);

         WHEREAS, the Indictment sought forfeiture pursuant to 18 U.S.C § 924(d) and 28 U.S.C § 2461(c) of any firearm and ammunition involved in the commission of the offenses charged in Counts One and Two of the Indictment;

         WHEREAS, the Indictment additionally sought forfeiture pursuant 21 U.S.C. § 853 of any proceeds obtained, directly or indirectly, as a result of such offense, and any property used or intended to be used, in any manner or part, to commit, or to facilitate the commission of the offense charged in Count Two of the Indictment;

         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 February 27, 2017, pursuant to a written plea agreement, Defendant pled guilty to Count Two of the Indictment charging a violation of 21 U.S.C. § 846, Attempt to Possess with Intent to Distribute a Controlled Substance;

         WHEREAS, pursuant to his plea agreement, Defendant agreed to forfeit to the United States all right, title and interest in any firearms and ammunition involved or used in the knowing commission of the offense to which he has pled guilty, specifically:

1. One Glock 22 .40 caliber pistol bearing serial number HUF812, and
2. .40 caliber ammunition

(collectively, the "Subject Property"); and

         WHEREAS, pursuant to his plea agreement, Defendant further 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 offense 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 ...


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