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United States v. Nattinger

United States District Court, S.D. Georgia

February 20, 2019

UNITED STATES OF AMERICA
v.
MATTHEW NATTINGER

          Michael A. Marchman Special Assistant United States Attorney.

          Matthew Nattinger Defendant.

          Travis Saul Attorney for Defendant.

          CONSENT ORDER OF FORFEITURE

          HON. J. RANDAL HALL JUDGE.

         WHEREAS, on December 7, 2018, a federal grand jury sitting in the Southern District of Georgia returned a three-count Indictment against Defendant Matthew Nattinger (hereinafter, the "Defendant") charging violations of 21 U.S.C. § 841(a)(1) (Count one - Possession with Intent to Distribute a Controlled Substance (Methamphetamine)), 18 U.S.C. § 922(g)(1) (Count Two - Possession of a Firearm by Prohibited Person), and 18 U.S.C. § 924(c) (Count Three - Possession of a Firearm in Furtherance of a Drug Trafficking Crime);

         WHEREAS, the Indictment sought forfeiture pursuant 18 U.S.C. § 924(d), 21 U.S.C. § 853, and 28 U.S.C. § 2461(c) of any firearm and ammunition involved in the commission of the offense; and any property constituting, or derived from, any proceeds obtained, directly or indirectly, as the result of such offense and property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, the charged offense(s);

         WHEREAS, on February 20, 2019, pursuant to a written plea agreement, Defendant pled guilty to Count One of the Indictment charging a violation of 21 U.S.C. § 841(a)(1);

         WHEREAS, pursuant to the plea agreement, Defendant agreed to forfeit to the United States all right, title and interest in one (1) Kel-Tec, PLR-22, .22 LR, S/N U0G13, Glock, Model 27, .40 cal., bearing serial number HSB252, (collectively, the "Subject Property").

         WHEREAS, pursuant to his plea agreement, Defendant agreed to 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:

         Pursuant 21 U.S.C. § 853, and Rule 32.2(b)(1) of the Federal Rules of Criminal Procedure, the Government has established the requisite nexus between the above-described Subject Property and the offense committed by Defendant, and the Subject Property is hereby forfeited to the United States.

         2. 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.

         3. 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 Property, and for an amendment of the order of forfeiture, pursuant to 28 U.S.C. § 2461(c).

         4. Pursuant to Fed. R. Crim. P. 32.2(b)(3), this Consent Order of Forfeiture shall become final as to Defendant at the time of sentencing and shall be made part of the sentence and included in the judgment. If no third party files a timely claim, this Order shall ...


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