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United States v. Howard

United States District Court, S.D. Ohio, Western Division

March 27, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
SHERWOOD A. HOWARD, Defendant.

          PRELIMINARY ORDER OF FORFEITURE OF PROPERTY AS TO DEFENDANT SHERWOOD A. HOWARD

          THOMAS M. ROSE, UNITED STATES DISTRICT COURT JUDGE

         Upon the Motion of the United States for a Preliminary Order of Forfeiture, and the Court's review of the evidence in the record, including the Plea Agreement, the Court HEREBY FINDS THAT:

         1. The Defendant pled guilty to Count One of the Information charging him with with conspiracy to possess with intent to distribute and distribute a mixture or substance containing a detectable amount of heroin, a Schedule I controlled substance, in violation of 21 U.S.C. §§ 846(a)(1) and 841(b)(1)(C), and agreed to the immediate forfeiture pursuant to 21 U.S.C. §§ 853(a)(1) and (2) of the following property (hereinafter “Subject Property”):

a. 2006 Chevrolet Impala, VIN 2G1WD58C269228714;
b. $9, 665.00 U.S. Currency[1];
c. Mossberg Model 715P, 22 cal Rifle, SN EMI3922226 with associated ammunition[2]; and
d. 2005 Suzuki Quad Sport Z400 4-Wheeler, SN JSAAK47A852118713.

         2. The Defendant specifically agreed that the Subject Property was subject to forfeiture pursuant to 21 U.S.C. §§ 853(a)(1) and (2).

         3. The Defendant has an interest in the Subject Property.

         4. The Subject Property is forfeitable pursuant to 21 U.S.C. §§ 853(a)(1) and (2) as any property constituting, or derived from, any proceeds obtained, directly or indirectly and any property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of the violation charged in Count One of the Indictment.

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

         THEREFORE, IT IS HEREBY ORDERED THAT:

         6. The Defendant shall hereby forfeit pursuant to 21 U.S.C. §§ 853(a)(1) and (2) any property constituting or derived from, any proceeds obtained, directly or indirectly and any property used, or intended to be used, in any manner or part, to commit or to ...


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