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United States v. Baker

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

December 14, 2017

UNITED STATES OF AMERICA
v.
RAFEAL LATEEF BAKER

          Amy Lee Copeland, Esq. Attorney for Defendant.

          CONSENT ORDER OF FORFEITURE

          LISA GODBEY WOOD, UNITED STATES DISTRICT JUDGE

         WHEREAS, on August 2, 2017, a federal grand jury sitting in the Southern District of Georgia returned a one-count Indictment against Defendant Rafeal Lateef Baker and two others charging a violation of 21 U.S.C. § 846 (Count 1 - Conspiracy to Possess with Intent to Distribute Cocaine);

         WHEREAS, on September 6,2017, a federal grand jury sitting in the Southern District of Georgia returned a two-count Superseding Indictment against Defendant and two others charging violations of 21 U.S.C. § 846 (Count 1 - Conspiracy to Possess with Intent to Distribute Cocaine), and 21 U.S.C. § 841(a)(1) (Count Two - Possession with Intent to Distribute Controlled Substances);

         WHEREAS, the Superseding Indictment sought forfeiture pursuant 21 U.S.C. § 853 of any property constituting or derived from any proceeds obtained, directly or indirectly, as a result of any of the offenses charged in the Superseding Indictment and any property used or intended to be used in any manner or part, to commit, or to facilitate the commission of such offenses;

         WHEREAS, the Superseding Indictment further provided for the forfeiture of substitute assets pursuant to 21 U.S.C § 853(p), of any other property of the Defendant up to the value of the property subject to forfeiture;

         WHEREAS, on December 14, 2017, pursuant to a written plea agreement, Defendant pled guilty to the lesser included offense in Count One of the Superseding Indictment charging a violation of 21 U.S.C. § 846, Conspiracy to Possess with Intent to Distribute Cocaine;

         WHEREAS, pursuant to his plea agreement, Defendant agreed to forfeit to the United States all right, title and interest in any property constituting or derived from any proceeds obtained, directly or indirectly, as a result of the offense to which he has pled guilty, and any property used or intended to be used in any manner or part, to commit or to facilitate the commission of such offense, specifically:

1. $5,000 in U.S. Currency, and
2. $892 in U.S. Currency

(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 21 U.S.C. § 853, 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 ...


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