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United States v. Drafts

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

February 6, 2018

UNITED STATES OF AMERICA
v.
JAMES DAVID DRAFTS

          AMENDED ORDER OF FORFEITURE

          J. RANDAL HALL, CHIEF JUDGE

         WHEREAS, on July 5, 2017, a federal grand jury sitting in the Southern District of Georgia returned a two-count Indictment against Defendant James David Drafts charging violations of 21 U.S.C. § 841(a)(1) (Count One - Possession with Intent to Distribute Controlled Substances), and 18 U.S.C. § 924(c)(1)(A)(i) (Count Two - Possession of Firearms in Furtherance of a Drug Trafficking Crime);

         WHEREAS, the Indictment sought forfeiture pursuant 18 U.S.C. § 924(d) and 28 U.S.C. § 2461(c) of any firearm and ammunition involved in the commission of the offenses charged in the Indictment;

         WHEREAS, on November 1, 2017, pursuant to a written plea agreement, Defendant pled guilty to Count One of the Indictment charging a violation of 21 U.S.C. § 841(a)(1), Possession with Intent to Distribute Controlled Substances;

         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 plead guilty;

         WHEREAS, pursuant to his plea agreement, Defendant agreed to waive the requirements of Federal Rules of Criminal Procedure 11(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;

         WHEREAS, on November 1, 2017, this Court approved a Consent Order of Forfeiture that, due to a scrivener's error, inaccurately described the property to be forfeited; and

         WHEREAS, the Government and Defendant have jointly moved this Court to amend its Order of Forfeiture so that the property to be forfeited may be described correctly as:

1. one Smith and Wesson 40 caliber pistol bearing serial number RAV9400, and
2. one Taurus 9mm pistol bearing serial number TZE25380 (collectively, the "Subject Property").

         NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT:

         1. The parties' joint motion to amend the Consent Order of Forfeiture is GRANTED.

         2. Pursuant 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 above-described Subject Property and the offense committed by Defendant, and the Subject Property is hereby forfeited to the United States.

         3. 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 ...


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