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United States v. Scott

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

May 23, 2018

UNITED STATES OF AMERICA
v.
HARRY SCOTT

          Marcella G. Mateo Assistant United States Attorney

          Harry Scott Defendant

          Stephen H. Harris Attorney for the Defendant

          ORDER CONSENT ORDER OF FORFEITURE

          HON. WILLIAM T. MOORE, JR. JUDGE

         WHEREAS, on March 6, 2018, a federal grand jury sitting in the Southern District of Georgia returned a one-count Indictment against Defendant Harry Scott (hereinafter the "Defendant") charging a violations of 18 U.S.C. § 922(g)(1) (Count One - Possession of a 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), which allows for the forfeiture to the United States, any firearm and ammunition involved in the commission of the offense;

         WHEREAS, on May 23, 2018, pursuant to a written 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 Remington Model Nylon 66 .22 caliber rifle bearing serial number 2147957 (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 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 forfeiture must be filed, and state the name and contact information for the Government attorney to be served with the petition. See Fed. R. Crim. P. 32.2(b)(6).

         5. Any person, other than the above named defendant, asserting a legal interest in the Subject Property may, within thirty (30) days of the receipt of notice, or within sixty (60) days of the first publication of notice on the internet website, whichever is earlier, petition the court for a hearing without a jury to adjudicate the validity of his alleged interest in the Subject Property, and ...


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