United States District Court, S.D. Georgia, Savannah Division
S. Bearden Assistant United States Attorney.
Rashawn Ferebee Defendant.
Jennifer Ozer, Attorney for Defendant.
CONSENT ORDER OF FORFEITURE
WILLIAM T. MOORE, JR., JUDGE.
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);
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;
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);
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
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:
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.
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 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).
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 ...