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United States v. Garcia-Gomez

United States District Court, Sixth Circuit

July 10, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
LONNIE GARCIA-GOMEZ, Defendant.

PRELIMINARY ORDER OF FORFEITURE

ALGENON L. MARBLEY, District Judge.

WHEREAS, the Indictment returned in this action contained a forfeiture allegation (Forfeiture A) notifying Defendant Lonnie Garcia-Gomez that the United States sought the forfeiture of specific property of Defendant Lonnie Garcia-Gomez, pursuant to 21 U.S.C. §853(a) (1) and (2), based on the conduct of Defendant Lonnie Garcia-Gomez in Count One of the Indictment, in violation of 21 U.S.C. § § 841 (a) (1) and (b) (1) (B) (i) and 21 U.S.C. § 846, which property is fully described below ("subject property"); and

WHEREAS, on June 14, 2013, Defendant Lonnie Garcia-Gomez entered a Plea of Guilty to Count One of the Indictment; and

WHEREAS, in the Plea Agreement entered on May 22, 2013, Defendant Lonnie Garcia-Gomez acknowledged liability for the forfeiture of the $1, 684.00 in United States currency as listed in Forfeiture A of the Indictment involving certain funds seized

from Defendant Lonnie Garcia-Gomez at the time of his arrest. Defendant Lonnie Garcia-Gomez agreed to co-operate fully in the forfeiture of the currency and further agreed not to contest the forfeiture in any way or to assist others in contesting the forfeiture.

WHEREAS, by virtue of said Indictment, Guilty Plea, and Plea Agreement the Court has determined that the requisite nexus exists between the subject property and Count One of the Indictment, that the subject property is forfeitable pursuant to 21 U.S.C. §853(a) (1) and (2), and that the United States is now entitled to possession of the subject property.

Accordingly, it is hereby ORDERED, ADJUDGED, AND DECREED:

1. That Defendant Lonnie Garcia-Gomez shall forfeit to the United States the subject property that is:

One Thousand Six Hundred Eighty-Four and 00/100 Dollars ($1, 684.00) in United States Currency.

2. That the designated agent with Immigration and Customs Enforcement/Homeland Security Investigations 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 Preliminary Order of Forfeiture shall become final as to Defendant Lonnie Garcia-Gomez 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 ...


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