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United States v. Nguyen

United States District Court, S.D. California

February 22, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
HOANG MINH NGUYEN (1), Defendant.

          PRELIMINARY ORDER OF CRIMINAL FORFEITURE

          HONORABLE MARILYN L. HUFF UNITED STATES DISTRICT JUDGE

         WHEREAS, in the Superseding Information in the above-captioned case, the United States sought forfeiture of all right, title and interest in properties of Defendant HOANG MINH NGUYEN (1) (“Defendant”), pursuant to Title 18, United States Code, Section 924(d)(1) and Title 28, United States Code, Section 246l(c), as properties involved in the violations of Title 18, United States Code, Sections 922 (g)(1) and 641, as charged in the Superseding Information; and

         WHEREAS, on or about November 9, 2017, Defendant pled guilty before Magistrate Judge Barbara Lynn Major to Counts 1 and 2 of the Superseding Information, which pleas included consents to the forfeiture allegation of the Superseding Information, including forfeiture of the following:

1: a Glock Model 29, 10 mm pistol, bearing serial number NHZ768;
2: eight rounds of 10 mm ammunition;
3: Apple iPhone cellular phone (seized on May 31, 2016 from 10944 Worthing Avenue, San Diego, CA 92126);
4: Spotting scope (seized on May 31, 2016 from 10944 Worthing Avenue, San Diego, CA 92126) and
5: Black Gerber Folding Knife (seized on May 31, 2016 from 10944 Worthing Avenue, San Diego, CA 92126); and

WHEREAS, on December 5, 2017, this Court accepted the guilty pleas by the Defendant to Counts 1 and 2 of the Superseding Information; 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; and

         WHEREAS, by virtue of said guilty pleas, the United States is now entitled to possession of the above-referenced properties, pursuant to 18 U.S.C. § 924(d)(1), 28 U.S.C. § 246l(c) and Rule 32.2(b) of the Federal Rules of Criminal Procedure; and

         WHEREAS, pursuant to Rule 32.2(b), the United States having requested the authority to take custody of the above-referenced properties which were found forfeitable by the Court; and

         WHEREAS, the United States, having submitted the Order herein to the Defendant through his attorney of record, to review, ...


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