United States District Court, S.D. Georgia
Michael A. Marchman Special Assistant United States Attorney.
Matthew Nattinger Defendant.
Saul Attorney for Defendant.
CONSENT ORDER OF FORFEITURE
J. RANDAL HALL JUDGE.
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
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);
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);
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
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.
THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT:
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.
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.
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).
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 ...