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United States v. Drafts

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

November 1, 2017

UNITED STATES OF AMERICA
v.
JAMES DAVID DRAFTS

          Patricia Green Rhodes Assistant United States Attorney

          James David Drafts Defendant.

          William Sheppard, Esq. Attorney for Defendant.

          CONSENT ORDER OF FORFEITURE

          J. RANDAL HALL, CHIEF JUDGE.

         WHEREAS, 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);

         WHEREAS, 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;

         WHEREAS, 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;

         WHEREAS, pursuant to his plea agreement, Defendant agreed to forfeit to the United States all right, title and interest in the following property:

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

         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.

         NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT:

         1. 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.

         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 ...


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