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United States v. Dixon

United States District Court, Sixth Circuit

June 10, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
RENDER DIXON, Defendant.

RENDER DIXON, ALAN J. PFEUFFER, Attorney for Defendant.

CONSENT ORDER OF FORFEITURE

ALGENON L. MARBLEY, District Judge.

On March 22, 2013, a federal grand jury, sitting in Columbus, Ohio, returned a one count Indictment charging Defendant Render Dixon with being a previously convicted felon in possession of a firearm, in violation of 18 U.S.C. §922 (g) (1) and 18 U.S.C. § 924 (a) (2). The Indictment also contained a forfeiture allegation (Forfeiture A) notifying Defendant Render Dixon that the United States sought the forfeiture of the firearm and ammunition involved in the violation as listed in Count One of the Indictment, that is a Beretta, Model PX Storm, 9mm pistol, Serial Number PZ42856, including ammunition, seized on or about September 8, 2012, in Columbus, Ohio, pursuant to 18 u.s.c. §924(d) (1).

In the Plea Agreement entered April 25, 2013, Defendant Render Dixon agreed to enter a plea of guilty to Count One of the Indictment, in violation of 18 u.s.c. §922(g) (1)

Based upon the terms of the Plea Agreement between the United States of America and Defendant Render Dixon, and finding that there is a requisite nexus between the property listed below and the offense which Defendant Render Dixon has pled guilty and that Defendant Render Dixon had a legal interest in said property, IT IS HEREBY ORDERED:

1. That Defendant Render Dixon shall forfeit the following property to the United States pursuant to 18 U.S.C. §924(d)(1):

A Beretta, Model PX Storm, 9mm pistol, SN: PZ42856, including any ammunition.

2. That the designated agent for the Bureau of Alcohol, Tobacco, Firearms, and Explosives shall immediately seize the subject property and hold same in his secure custody and control.

3. That the United States is authorized to conduct any discovery proper in identifying, locating or disposing of the subject property in accordance with Fed. R. Crim. P. 32.2(b) (3).

4. That the United States shall publish, in accordance with the provisions of 21 U.S.C. §853(n), notice of this Order and notice of its intent to dispose of the subject property in such manner as the Attorney General may direct.

5. The United States shall also provide written notice to any person who reasonably appears to be a potential claimant with standing to contest the forfeiture in the ancillary proceeding in accordance with Fed. R. Crim. P. 32.2(b) (6).

6. That pursuant to Fed. R. Crim. P. 32.2 (b) (4), this Consent Order of Forfeiture shall become final as to Defendant Render Dixon at the time of sentencing and shall be made part of the sentence and included in the judgment. If no third party files a timely claim, this Order shall become the Final Order of Forfeiture, as provided by Fed. R. Crim. P. 32.2(c) (2).

7. That following the Court's disposition of all petitions filed pursuant to 21 U.S.C. §853 (n), or, if no such petitions are filed, following the expiration of the period for the filing of such petitions, the United States shall have clear title to the subject property.

8. The Court shall retain jurisdiction to enforce this Order, and to amend it as necessary, pursuant ...


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