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United States v. Small

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

March 5, 2018

UNITED STATES OF AMERICA
v.
JOSHUA SMALL

          Chris Howard Assistant United States Attorney

          Joshua Small Defendant

          Brian Joseph Huffman, Jr., Attorney-for the Defendant

          CONSENT ORDER OF FORFEITURE

          HON. WILLIAM T. MOORE JR., UNITED STATES DISTRICT COURT JUDGE

         WHEREAS, on January 10, 2018, a Federal Grand Jury sitting in the Southern District of Georgia returned a one count Indictment against defendant Joshua Small (hereafter, the "Defendant");

         WHEREAS, the Indictment sought forfeiture pursuant to 18 U.S.C. § 924(d) and 28 U.S.C. § 2461(c), which allows for the forfeiture to the United States, any firearm and ammunition involved in the commission of the offense;

         WHEREAS, on March 5, 2018, the Defendant pled guilty pursuant to a written plea agreement to Count One of the Indictment, charging him with Possession of a Firearm by a Convicted Felon, in violation of 18. U.S.C. § 922(g);

         WHEREAS, pursuant to his plea agreement, the Defendant agreed to forfeit his interest in any firearms and ammunition involved or used in the knowing commission of the offense to which he has agreed to plead guilty, specifically:

a. A Manuel Escodin Model 31 .32 caliber revolver bearing serial number PA349350; and
b. Three rounds of .32 caliber ammunition (collectively, the "Subject Property"); and

         WHEREAS, the Defendant agreed to waive the provisions of the Federal Rules of Criminal Procedure 32.2 and 43(a) with respect to notice in the Indictment that the Government will seek forfeiture as part of any sentence in this case, and agreed that entry of this order shall be made a part of the sentence in or out of the presence of the Defendant and be included in the judgment in this case 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), Federal Rules of Criminal Procedure, 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 ...


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