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United States v. Garcia

United States District Court, S.D. California

April 17, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
JUAN GARCIA (2), Defendant.

          PRELIMINARY ORDER OF CRIMINAL FORFEITURE

          Hon. CYNTHIA BASHANT United States District Judge

         WHEREAS, in the Indictment in this case, the United States sought forfeiture of all property constituting, or derived from, any proceeds obtained, directly or indirectly, as the result of the offenses, and all property used or intended to be used in any manner or part to commit and to facilitate the commission of the violations charged in the Indictment pursuant to 21 U.S.C. § 853; 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 properties seized in connection with this case which were proceeds of or involved in the violations of 21 U.S.C. §§ 841(a)(1) and 846, as charged in Counts 1 and 2 of the Indictment to which the Defendant entered guilty pleas; and

         WHEREAS, on or about November 1, 2016, the Defendant pled guilty before Magistrate Judge Mitchell D. Dembin to Counts 1 and 2 of the Indictment, which pleas included forfeiture of all property constituting or derived from proceeds of the offenses and forfeiture of all property used or intended to be used to commit or to facilitate the commission of the offenses, including, but not limited to forfeiture of the following:

a) $1, 674.00 in U.S. Currency;
b) One 08503 Titan Tiger .38 caliber revolver, Serial
c) Thirteen (13) rounds of .38 caliber ammunition;
d) Eight (8) rounds of ammunition;
e) One (1) magazine;
f) One (1) ammunition box of .22 caliber ammunition; and
g) One (1) .45 caliber Glock semi-automatic pistol, Model No. 21, Serial No. VVN969; and

         WHEREAS, on November 17, 2016, this Court accepted Defendant's guilty pleas; 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 offenses of conviction; and

         WHEREAS, by virtue of Defendant's factual admissions and guilty pleas to Counts 1 and 2 of the Indictment, said properties are hereby ordered forfeited to the United States, and it is now entitled to possession of said ...


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