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United States v. Parks

United States District Court, Sixth Circuit

June 24, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
PHILLIP PARKS, Defendant.

BRENT G. TABACCHI, Assistant United States Attorney, Attorney for Plaintiff.

F. ARTHUR MULLINS, Attorney for Defendant.

AGREED PRELIMINARY ORDER OF FORFEITURE OF DEFENDANT PHILLIP PARK'S ASSET

THOMAS M. ROSE, District Judge.

It is hereby stipulated and agreed by and between Plaintiff, United States of America and Defendant, Phillip Parks that:

1. The Defendant has plead guilty to Count One of the Indictment charging him with Felon in Possession of a Firearm in violation of 18 U.S.C. § 922(g)(1) and agrees to the forfeiture, pursuant to 18 U.S.C. § 924(d) and 28 U.S.C. § 2461(c) of all firearms and ammunition involved in or used in any knowing violation of Count One.

2. The Defendant agrees to the forfeiture of the following property (hereinafter referred to as the "Subject Property"):

a. Taurus 9mm semiautomatic pistol, obliterated Serial No. and 11 unfired 9mm cartridges.

3. The United States has established the requisite nexus between the Subject Property and the Defendant's offense.

THEREFORE, IT IS HEREBY ORDERED THAT:

1. The Defendant shall hereby forfeit, pursuant to 18 U.S.C. § 924(d) and 28 U.S.C. § 2461(c) the following specific property (hereinafter referred to as the "Subject Property"):

a. Taurus 9mm semiautomatic pistol, obliterated Serial No. and 11 unfired 9mm cartridges.

2. The Defendant having agreed to the forfeiture of the Subject Property, this Agreed Preliminary Order of Forfeiture is final as to the Defendant and shall be made part of the sentence and included in the judgment. This order remains preliminary as to third parties until the ancillary proceeding is concluded.

3. The United States is authorized to seize the Subject Property, whether held by the defendant or a third party; conduct any discovery proper in identifying, locating or disposing of the property subject to forfeiture; and to commence proceedings that comply with any statues and federal rules governing third party rights, in accordance with Fed. R. Crim. P. 32.2(b)(3).

4. In accordance with the direction provided by the Attorney General and Federal Rule of Criminal Procedure 32.2(b)(6), the United States shall publish notice of this Preliminary Order of Forfeiture and send notice to any person who reasonably appears to be a potential claimant with standing to contest the forfeiture in the ancillary proceeding. Publication must take place as described in Supplemental Rule G(4)(a)(iii) of the Federal Rules of Civil Procedure, and may be by any means ...


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