United States District Court, S.D. Georgia, Savannah Division
I. Knoche Assistant United States Attorney
C. Jenkins, Esq. Attorney For Defendant
CONSENT ORDER OF FORFEITURE
GODBEY WOOD, UNITED STATES DISTRICT JUDGE.
on April 6, 2017, a federal grand jury sitting in the
Southern District of Georgia returned a three-count
Indictment against Defendant Everol Palmer charging
violations of 18 U.S.C. § 922(g)(1) (Count One -
Possession of a Firearm by a Felon), 21 U.S.C. §
841(a)(1) (Count Two - Possession of a Controlled Substance
with the Intent to Distribute), and 18 U.S.C. §
924(c)(1)(A)(i) (Count Three - Using and Carrying a Firearm
During and in Relation to a Drug Trafficking Crime);
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 in the offenses charged in Counts One
through Three of the Indictment; WHEREAS, on August 1, 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 Felon;
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 charged in Count One of the
Indictment to which he has pled guilty, specifically one
Davis Industries Model P380 .380 caliber pistol bearing
serial number AP388407 (hereinafter, the "Subject
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.
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 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 traceable
thereto, or any property that may be forfeited as substitute
3. Upon entry of this Order, the Attorney General (or a
designee) is authorized to commence any applicable proceeding
to comply with statutes governing third-party rights,
including giving notice of this Order. No such notice or
ancillary proceeding is necessary to the extent that this
Order consists solely as a judgment for a sum of money.
See Fed. R. Crim. P. 32.2(c)(1).
4. Any person, other than the above-named defendant,
asserting a legal interest in the Subject Property may,
within thirty days of the final publication of notice or
receipt of notice, whichever is earlier, petition the court
for a hearing without a jury to adjudicate the validity of
his alleged interest in the Subject Property, and for an
amendment of the order of forfeiture, pursuant to 28 U.S.C.
5. Pursuant to Fed. R. Crim. P. 32.2(b)(3), this Consent
Order of Forfeiture shall become final as to Defendant at the
time of sentencing and shall be made part of the sentence and
included in the judgment. If no third party files a timely
claim, this Order shall become the ...