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United States v. Jackson

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

March 12, 2018

UNITED STATES OF AMERICA
v.
ERNEST JACKSON

          PRELIMINARY ORDER OF FORFEITURE

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

         WHEREAS, on May 3, 2017, a federal grand jury sitting in the Southern District of Georgia returned a fourteen-count Indictment against Defendant Ernest Jackson and one other charging violations of 18 U.S.C. § 371 (Count One - Conspiracy), 18 U.S.C. § 472 (Counts Two through Twelve - Passing and Uttering Counterfeit Obligations), 18 U.S.C. § 472 (Count Thirteen - Possession and Concealment of Counterfeit Obligations), and 18 U.S.C. § 922(g)(1) (Count Fourteen - Possession of a Firearm by a Convicted Felon);

         WHEREAS, the Indictment sought forfeiture pursuant 18 U.S.C. § 492 and 28 U.S.C. § 2461(c) of all counterfeits of any coins or obligations or other securities of the United States or of any foreign government; any articles, devices, and other things made, possessed, or used in violation of 18 U.S.C. § 472 charged in Counts Two through Thirteen of the Indictment, and any material or apparatus used or fitted, or intended to be used, in the making of such counterfeits, articles, devices, or things, found in the possession of the Defendant without proper authority;

         WHEREAS, the Indictment additionally 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 Fourteen of the Indictment;

         WHEREAS, the Indictment further provided for the forfeiture of substitute assets pursuant to 21 U.S.C § 853(p), as incorporated by 28 U.S.C. § 2461(c) of any other property of the Defendant up to the value of the property subject to forfeiture;

         WHEREAS, on December 4, 2017, pursuant to a written plea agreement, Defendant pled guilty to Counts One and Fourteen of the Indictment charging violations of 18 U.S.C. § 371, Conspiracy (Count One), and 18 U.S.C. § 922(g)(1), Possession of a Firearm by a Convicted Felon (Count Fourteen);

         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 offenses to which he has plead guilty; and

         WHEREAS, pursuant to his plea agreement, Defendant agreed 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.

         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 following property:

a. one Smith & Wesson 9mm pistol bearing serial number PDX6262, and
b. 50 rounds of assorted ammunition

(collectively, 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 ...


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