United States District Court, S.D. Georgia, Augusta Division
Patricia Green Rhodes Assistant United States Attorney
David Drafts Defendant.
William Sheppard, Esq. Attorney for Defendant.
CONSENT ORDER OF FORFEITURE
RANDAL HALL, CHIEF JUDGE.
on July 3, 2017, a federal grand jury sitting in the Southern
District of Georgia returned a two-count Indictment against
Defendant James David Drafts charging violations of 21 U.S.C.
§ 841(a)(1) (Count One - Possession with Intent to
Distribute Controlled Substances), and 18 U.S.C. §
924(c)(1)(A)(i) (Count Two - Possession of Firearms in
Furtherance of a Drug Trafficking Crime);
the Indictment sought forfeiture pursuant 18 U.S.C. §
924(d) and 28 U.S.C. § 2461(c) of any firearm and
ammunition involved in the commission of the offenses charged
in the Indictment;
on November 1, 2017, pursuant to a written plea agreement,
Defendant pled guilty to Count One of the Indictment charging
a violation of 21 U.S.C. § 841(a)(1), Possession with
Intent to Distribute Controlled Substances;
pursuant to his plea agreement, Defendant agreed to forfeit
to the United States all right, title and interest in the
1. one Smith and Wesson .40 caliber pistol bearing serial
number 5440P, and
2. one Taurus 9mm pistol bearing serial number TZE25380
(collectively, the "Subject Property"); and
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.
THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT:
Pursuant 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 above-described Subject Property and the offense
committed by Defendant, and the Subject Property is hereby
forfeited to the United States.
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 ...