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United States v. Howard

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

July 18, 2017

UNITED STATES OF AMERICA
v.
AKEEM HOWARD

          CONSENT ORDER OF FORFEITURE

          WILLIAM T. MOORE, JUDGE

         WHEREAS, on February 8, 2017, a federal grand jury sitting in the Southern District of Georgia returned a one-count Indictment against Defendant Akeem Howard charging a violation of 18 U.S.C. § 922(g)(1) (Count One - Possession of a Firearm by a Felon);

         WHEREAS, the Indictment sought forfeiture pursuant to 18 U.S.C § 924(d) and 28 U.S.C § 2461(c) of any firearms and ammunition involved or used in the knowing commission of the offense charged in Count One 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 July 17, 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), Possession of a Firearm by a Felon; 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 charged in Count One of the Indictment to which he has pled guilty, specifically:

1. one Hi Point Model JCP .40 caliber pistol bearing serial number X7215959 (also listed as X215959), and
2. nine (9) rounds of .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 11(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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