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United States v. Sibley

March 17, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ANTHONY ANDREW SIBLEY, DEFENDANT.



The opinion of the court was delivered by: Hon. Jeffrey T. Miller United States District Judge

PRELIMINARY ORDER OF CRIMINAL FORFEITURE

WHEREAS, in the Indictment filed August 2, 2007, in the above-captioned case, the United States sought forfeiture of all right, title and interest in the above-named defendant pursuant to 18 U.S.C. § 924(d), 26 U.S.C. § 5872, and 28 U.S.C. § 2461(c) and also the forfeiture of the properties defendant, did knowingly and unlawfully possess in and affecting commerce firearms, in violation of 21 U.S.C. § 841(a)(1); 26 U.S.C. §§ 5861(d) and 5871; 18 U.S.C. § 922(k); 18 U.S.C. § 924(c)(1)(A)(i); 18 U.S.C. §§ 922(n) and 924(a)(2); 18 U.S.C. §§ 922(o) and 924(a)(2); and

WHEREAS, on or about November 6, 2007, the above-named defendant, Anthony Andrew Sibley pled guilty to Counts One, Two, Three, Four, Five and Six of the Indictment, and consented and agreed to forfeit all right, title, and interest in the following assets listed below, which were properties used or intended to be used to commit or promote the commission of the offense described in Counts 1-6 and as such, the listed properties are thereby subject to forfeiture pursuant to 18 U.S. C. § 924(d), 26 U.S.C. § 5872, and 28 U.S.C. § 2461(c):

a) a Colt "Commander" 9mm semi-automatic pistol;

b) a Jennings "Model 48" .380 semi-automatic pistol serial number 522465;

c) a Universal "Enforcer" .30 caliber carbine, serial number 405385;

d) a Davis Industries "0-32" over and under style Derringer, serial number 315280;

e) a Remington "522 Viper" .22 caliber rifle, serial number 3128828;

f) a Remington "550-1" .22 caliber rifle;

g) a Colt .380 caliber semi-automatic pistol; and

i) one silencer; and

WHEREAS, by virtue of the facts set forth in the plea agreement, the requisite nexus between the forfeited property and the offense has been established; and

WHEREAS, pursuant to Rule 32(d)(2), the United States having requested the authority to seize the assets as said properties were properties used to commit the crime to which Defendant was found guilty; that is, in ...


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