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United States v. Allen

United States District Court, S.D. Georgia

March 7, 2018

UNITED STATES OF AMERICA
v.
RON BERNARD ALLEN

          E. GREG GULLULY Jr. Assistant United States Attorney

          Ron Allen, Defendant Defendant

          Josbua Lowther, Esq. Attorney for the Defendant

          CONSENT ORDER OF FORFEITURE

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

         WHEREAS, on August 8, 2017, a Federal Grand Jury sitting in the Southern District of Georgia returned a twenty-two count Indictment, of which, two counts specifically named defendant Ron Bernard Allen (hereafter, the "Defendant").

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

         WHEREAS, on March 7, 2018, the Defendant pled guilty pursuant to a written plea agreement to the lesser-included offense of Count One of the Indictment, Conspiracy to Possess with Intent to Distribute 50 Kilograms or More Marijuana, in violation of 21 U.S.C. § 846.

         WHEREAS, pursuant to his plea agreement, the Defendant agreed to forfeit any right to any property seized in this case, specifically $50, 995.00 in U.S. currency and four (4) cotton candy machines (collectively, the "Subject Property").

         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 21 U.S.C. § 853 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 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. To the extent that the Subject Property includes specific property and is not limited to a judgment for a sum of money, the United States shall publish notice of the order and its intent to dispose of the Subject Property on the Government's internet website, www.forfeiture.gov. The United States shall also provide written notice to any person who reasonably appears to be a potential claimant with standing to contest the forfeiture in the ancillary proceeding. The notice must describe the forfeited property, state the times under the applicable statute when a petition contesting the ...


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