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United States v. Acuna

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

April 6, 2017

UNITED STATES OF AMERICA
v.
GUADALUPE ACUNA

          AMENDED ORDER OF FORFEITURE

          LISA GODBEY WOOD, CHIEF JUDGE UNITED STATES DISTRICT COURT

         WHEREAS, on September 8, 2016, a federal grand jury sitting in the S£u-t|iern District of Georgia returned a six-count Indictment against Defendant Guadalupe Acuna and a co-defendant charging violations of 21 U.S.C. § 846 (Coimt One -Conspiracy to Possess with Intent to Distribute Methamphetamine); 21 U.S.C. § 841(a)(1) (Counts Two and Three - Possession of 5 Grams or More of Methamphetamine with Intent to Distribute); 21 U.S.C. § 841(a)(1) (Count Four -Possession of Methamphetamine with Intent to Distribute); 21 U.S.C. § 841(a)(1) (Count Five - Possession of 50 Grams or More of Methamphetamine with Intent to Distribute); and 18 U.S.C. § 924(c) (Count Six - Possession of a Firearm in Furtherance of a Drug Trafficking Crime);

         WHEREAS, the Indictment sought forfeiture pursuant to 21 U.S.C. § 853 of any property obtained, directly or indirectly, as a result of such offenses charged in Counts One through Five 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 offenses;

         WHEREAS, the Indictment additionally sought forfeiture pursuant to 18 U.S.C. § 924(d)(1) and 28 U.S.C. § 2461(c) of any firearms and ammunition involved in the commission of the offenses charged in Counts One through Six of the Indictment;

         WHEREAS, the Indictment further provided for the forfeiture of substitute assets pursuant to 21 U.S.C § 853(p) of any other property of Defendant up to the value of the property subject to forfeiture;

         WHEREAS, on February 10, 2017, pursuant to a written plea agreement, Defendant pled guilty to the lesser included offense of Possession of a Quantity of Methamphetamine with Intent to Distribute, in violation of 21 U.S.C. § 841(a)(1), contained within Count Five of the Indictment;

         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;

         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;

         WHEREAS, on February 10, 2017, this Court approved a Consent Order of Forfeiture that, due to a scrivener's error, inaccurately described the property to be forfeited; and

         WHEREAS, the Government and Defendant have jointly moved this Court to amend its Order of Forfeiture so that the property to be forfeited may be described correctly as:

a. one Smith & Wesson .38 caliber revolver bearing serial number CXS5479,
b. one box of 9mm ammunition, and
c. one box of .38 Special caliber ammunition

(collectively, the "Subject Property"). ...


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