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United States v. Gaddy

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

July 27, 2017

UNITED STATES OF AMERICA
v.
LARRY GADDY

          Marcela C. Mateo Assistant United States Attorney

          Larry Gaddy Defendant

          Robert Lewallen, Jr., .Esq. Attorney for Defendant

          CONSENT ORDER OF FORFEITURE

          WILLIAM T. MOORE, JR., JUDGE UNITED STATES DISTRICT COURT

         WHEREAS, on June 7, 2017, a federal grand jury sitting in the Southern District of Georgia returned a three-count Indictment against Defendant Larry Gaddy charging violations of 18 U.S.C. § 922(g)(1) (Counts One and Two - Possession of Ammunition by a Prohibited Person), and 21 U.S.C. § 841(a)(1) (Count Three -Possession with Intent to Distribute), WHEREAS, the Indictment sought forfeiture pursuant to 21 U.S.C. § 853 of any proceeds obtained, directly or indirectly, as the 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 such offense charged in Count Three of the Indictment;

         WHEREAS, the Indictment additionally sought forfeiture pursuant to 18 U.S.C § 924(d) and 28 U.S.C § 2461(c) of any firearms and ammunition involved in the commission of the offenses charged in Counts One through Three 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 27, 2017, pursuant to a written plea agreement, Defendant pled guilty to Counts Two and Three of the Indictment charging violations of 18 U.S.C. § 922(g)(1), Possession of Ammunition by a Prohibited Person (Count Two), and 21 U.S.C. § 841(a), Possession with Intent to Distribute (Count Three);

         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 offenses to which he has pled guilty; 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 property seized from the Defendant, specifically:

a. Fifty-Nine (59) rounds of .223 caliber ammunition,
b. Thirty-Nine (39) rounds of 30-30 caliber ...

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