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United States v. Reevey

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

February 21, 2018

UNITED STATES OF AMERICA
v.
KEVIN REEVEY

          Carlton R. Bourne, Jr. Assistant United States Attorney

          Kevin Reevey Defendant

          Jonathan DeJesus, Esq. Attorney for Defendant

          CONSENT ORDER OF FORFEITURE

          WILLIAM T. MOORE, JR., JUDGE

         WHEREAS, on July 5, 2017, a federal grand jury sitting in the Southern District of Georgia returned a one-count Indictment against Defendant Kevin Reevey charging a violation of 18 U.S.C. § 922(g)(1) (Count One - Possession of Firearm by a Convicted Felon);

         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 or used in the commission of the offense charged in Count One of the Indictment;

         WHEREAS, the offense charged in Count One involved one Springfield Model XDS .45 caliber pistol bearing serial number S3l 16235 and seven (7) rounds of PMC .45 caliber ammunition (collectively, the "Subject Property");

         WHEREAS, on February 21, 2018, 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 Convicted Felon (Count One); and

         WHEREAS, Defendant hereby agrees to forfeit the Subject Property and waive the requirements of Federal Rules of Criminal Procedure 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 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.

         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 ...


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