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United States v. Johnson

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

March 13, 2017

UNITED STATES OF AMERICA
v.
BRANDON TARELL JOHNSON

          Bradford C. Patrick Assistant United States Attorney

          Brandon Tarell Johnson Defendant

          Katie A. Brewington, Esq. Attorney for Defendant

          CONSENT ORDER OF FORFEITURE

          WILLIAM T. MOORE, JR, UNITED STATES DISTRICT JUDGE

         WHEREAS, on January 4, 2017, a federal grand jury sitting in the Southern District of Georgia returned a one-count Indictment against Defendant Brandon Tarell Johnson charging a violation of 18 U.S.C. § 922(g)(1) (Count One - Felon in Possession of a Firearm);

         WHEREAS, the Indictment sought forfeiture pursuant to 18 U.S.C. § 924(d) and 28 U.S.C. § 2461(c) of any firearms involved in the commission of the offense charged in Count One of the Indictment;

         WHEREAS, on March 13, 2017, pursuant to a written plea agreement, Defendant pled guilty to Count One of the Indictment charging a violation of 18 U.S.C. § 922(g)(1);

         WHEREAS, pursuant to his plea agreement, Defendant agreed to forfeit to the United States all right, title and interest in any firearm involved or used in the knowing commission of the offense to which he has pled guilty, specifically one Rohm Model RG24 .22 caliber revolver bearing serial number 118679 (hereinafter, 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 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 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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