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United States v. Ferebee

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

October 1, 2019

UNITED STATES OF AMERICA
v.
RASHAWN CORNELL FEREBEE

          Joshua S. Bearden Assistant United States Attorney.

          Rashawn Ferebee Defendant.

          Jennifer Ozer, Attorney for Defendant.

          CONSENT ORDER OF FORFEITURE

          HON. WILLIAM T. MOORE, JR., JUDGE.

         WHEREAS, on July 10, 2019, a federal grand jury sitting in the Southern District of Georgia returned a three count Indictment against Defendant Rashawn Cornell Ferebee (hereinafter, the "Defendant"), charging him with violating 21 U.S.C. § 841(a)(1) (Count One- Possession with Intent to Distribute a Controlled Substance (Cocaine, Cocaine base ("crack"), Methamphetamine, and Heroin), 18 U.S.C. § 924 (c) (Count Two-Possession of a Firearm in Furtherance of a Drug Trafficking Crime), 18 U.S.C. § 922(g)(1) (Count Three -Possession of a Firearm by a Prohibited Person);

         WHEREAS, the Indictment sought forfeiture pursuant 18 U.S.C. § 924(d) and 28 U.S.C. § 2461(c), of any firearm and ammunition involved in the commission of the charged offense;

         WHEREAS, on September 30, 2019, pursuant to a written plea agreement, Defendant pled guilty to Count One and Count Three of the Indictment charging a violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 922(g)(1);

         WHEREAS, pursuant to the plea agreement, Defendant agreed to forfeit to the United States all right, title and interest in one Springfield XD .45 handgun, S/N MG601490, and ammunition (hereinafter, the "Subject Property"); and

         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:

         1. Pursuant 18 U.S.C. § 924(d), 28 U.S.C. § 2461(c), and Rule 32.2(h)(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 tho 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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