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United States v. Risdon

United States District Court, S.D. California

September 9, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
CHRISTOPHER RISDON (5), Defendant.

          PRELIMINARY ORDER OF CRIMINAL FORFEITURE

          Hon. Larry Alan Burns, Chief Judge.

         WHEREAS, in the Superseding Information and Bill of Particulars, the United States sought forfeiture of all right, title and interest in property of Defendant CHRISTOPHER RISDON ("Defendant"), pursuant to Title 21, United States Code, Section 853, as properties constituting, or derived from, any proceeds the Defendant i obtained, directly or indirectly, as the result of the offense alleged in Count 1, and any and all properties used or intended to be used in any manner or part to commit and to facilitate the commission of the offense, and all firearms and ammunition involved in the violation of Title 21, United States Code, Sections 841(a)(1) and 846, as charged in Count 1 of the Superseding Information; and

         WHEREAS, on or about April 23, 2019, Defendant pled guilty before Magistrate Judge Nita L. Stormes to Count 1 of the Superseding Information, which plea included consent to the forfeiture allegations of the Superseding Information and Bill of Particulars and agreement to forfeiture of all properties seized in connection with the case, including but not limited to the following:

a. $500.00 in United States Currency;
b. One-hundred forty-one (141) loose rounds of .233 mm ammunition;
c. Five (5) rounds of 9 mm ammunition;
d. Five (5) rounds of .38 caliber ammunition;
e. a Rohm RG40 .3 8 caliber revolver, SN: R156998; and

         WHEREAS, on May 7, 2019, this Court accepted the guilty plea of Defendant; 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 of conviction; and

         WHEREAS, by virtue of said guilty plea, the United States is now entitled to possession of the above-referenced properties, pursuant to 21 U.S.C. § 853 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 are hereby found forfeitable by the Court pursuant to Title 21, U.S.C. § 853; and

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


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