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United States v. Thomas

United States District Court, S.D. California

March 27, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
KEVIN THOMAS, Defendant.

          PRELIMINARY ORDER OF CRIMINAL FORFEITURE

          Hon. M. James Lorenz United States District Judge

         WHEREAS, in the Information filed in this case, the United States sought forfeiture of all firearms and ammunition involved in the offense charged in the Information pursuant to 18 U.S.C. § 924(d) and 28 U.S.C. § 2461(c); and

         WHEREAS, pursuant to the terms of the Plea Agreement and Forfeiture Addendum between the parties, the Defendant consented to the forfeiture of all right, title and interest in all firearms and ammunition seized from him in connection with this case pursuant to 18 U.S.C. § 924(d)(1) and 28 U.S.C. § 2461(c), and 21 U.S.C. §§ 853(a)(1) and (2), which were involved in the violation of 18 U.S.C. § 922(g)(1), as charged in Count 1 of the Information to which the Defendant entered a guilty plea; and

         WHEREAS, on or about September 22, 2016, the Defendant pled guilty before Magistrate Judge Ruben B. Brooks to the one count contained in the Information, which plea included consent to forfeiture of all properties seized by law enforcement during the investigation of the offense, including forfeiture of a Davis Industries Derringer .32 caliber pistol, bearing Serial No. 212346; and eight (8) rounds of Remington Arms, .32 APC caliber ammunition; and

         WHEREAS, on October 7, 2016, this Court accepted Defendant's guilty plea; and

         WHEREAS, by virtue of the facts set forth in the Plea Agreement and Forfeiture Addendum, the United States has established the requisite nexus between the forfeited properties and the offense set forth in the Information; and

         WHEREAS, by virtue of Defendant's factual admission and guilty plea to the charge in the Information, the firearm and ammunition are hereby ordered forfeited to the United States, and it is now entitled to possession of said properties, pursuant to 18 U.S.C. § 924(d)(1), 28 U.S.C. § 2461(c), and 21 U.S.C. §§ 853(a)(1) and (2); and

         WHEREAS, pursuant to Rule 32.2(b), the United States having requested the authority to take custody of the following properties which are hereby found forfeitable by the Court, namely:

         a) One (1) Davis Industries Derringer .32 caliber pistol, bearing Serial No. 212346; and

         b) Eight (8) rounds of Remington Arms, .32 APC caliber ammunition; and

         WHEREAS, the United States, having submitted the Order herein to the Defendant through his attorney of record to review, and no objections having been received;

         Accordingly, IT IS HEREBY ORDERED, ADJUDGED AND DECREED:

         1. Based upon the factual admission of the Defendant and his guilty plea, the United States is hereby authorized to take custody and control of the following properties, and the Defendant has hereby forfeited to the United States all of his right, title, and interest to said properties pursuant to 21 U.S.C. § 853 for disposition in accordance with the law, subject to the provisions of 21 U.S.C. § 853(n):

         a) One (1) Davis Industries Derringer .32 caliber pistol, ...


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