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United States v. Palmer

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

December 8, 2017

UNITED STATES OF AMERICA
v.
EVEROL PALMER

          Karl I. Knoche Assistant United States Attorney

          Everol Palmer Defendant

          Danie C. Jenkins, Esq. Attorney For Defendant

          CONSENT ORDER OF FORFEITURE

          LISA GODBEY WOOD, UNITED STATES DISTRICT JUDGE.

         WHEREAS, 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);

         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 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;

         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 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 Property"); 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 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 assets.
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. § 2461(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 ...

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