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United States v. Thompson

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

July 20, 2017

UNITED STATES OF AMERICA
v.
BRYAN THOMPSON

          Jennifer Kirkland Assistant United States Attorney

          Bryan Thompson Defendant

          W. Lamar Fields, Esq. Attorney for Defendant

          CONSENT ORDER OF FORFEITURE

          LISA GODBEY WOOD, JUDGE.

         WHEREAS, on March 8, 2017 a federal grand jury sitting in the Southern District of Georgia returned a one-count Indictment against Defendant Bryan Thompson charging a violation of 18 U.S.C. § 922(g)(1) (Count One - Possession of Firearm by a Convicted 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 involves in the 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) 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 July 20, 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), Felon in Possession of a Firearm;

         WHEREAS, pursuant to his plea agreement, Defendant agreed to forfeit to the United States all right, title and interest in one Amadeo Rossi M68.38 Special caliber revolver bearing serial number D599965 (hereinafter, the "Subject Firearm")[1];

         WHEREAS, four (4) rounds of Remington .38 caliber ammunition (hereinafter, the "Subject Ammunition") seized from the Defendant are also subject to forfeiture pursuant to 18 U.S.C § 924(d) and 28 U.S.C § 2461(c), as ammunition involved in the commission of the offense to which Defendant has pled guilty;

         WHEREAS, the Subject Firearm and the Subject Ammunition collectively make-up the Subject Property that is subject to forfeiture pursuant to 18 U.S.C § 924(d) and 28 U.S.C § 2461(c); and

         WHEREAS, Defendant hereby agrees 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 commited by ...


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