United States District Court, S.D. Georgia, Savannah Division
D. Groover Assistant United States Attorney
Keith Fitzgerald, Esq. Attorney for Defendant.
CONSENT ORDER OF FORFEITURE
WILLIAM T. MOORE, JR., JUDGE UNITED STATES DISTRICT COURT.
on July 5, 2017, a federal grand jury sitting in the Southern
District of Georgia returned a one-count Indictment against
Defendant Eric Brown charging a violation of 18 U.S.C. §
922(g)(1) (Count One - Possession of a Firearm by a Convicted
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 commission of the offense charged
in Count One of the Indictment;
on October 31, 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);
Defendant hereby agrees 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; and
Defendant further agrees 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:
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 between the property seized from the Defendant,
specifically, one Hi Point Model JH45, .45 caliber pistol
bearing serial number 324802 (hereinafter, the "Subject
Property") and the offense committed by Defendant, and
the Subject Property is hereby forfeited to the United
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
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.
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 ...