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United States v. Murray

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

November 28, 2017

UNITED STATES OF AMERICA
v.
JANARD MURRAY

          Jennifer G. Solari Assistant United States Attorney

          Janard Murray Defendant

          W. Joseph Turner, Esq. Attorney for Defendant

          CONSENT ORDER OF FORFEITURE

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

         WHEREAS, on April 6, 2017 a federal grand jury sitting in the Southern District of Georgia returned a one-count Indictment against Defendant Janard Murray charging a violation of 18 U.S.C. § 922(g)(1) (Count One - Possession of a 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 involved or used in the commission of the offense charged in Count One of the Indictment;

         WHEREAS, on August 9, 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 Convicted 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 to which he has pled guilty;

         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. one Rossi M68 .38 caliber revolver bearing serial number D523829, and
b. five (5) rounds of .38 caliber Federal Ammunition

         (collectively, the "Subject Property") and the offense committed by Defendant, and the Subject Property is hereby ...


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