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United States v. Franklin

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

August 7, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
ANTHONY JAMES FRANKLIN, Defendant.

          PRELIMINARY ORDER OF FORFEITURE

          WALTER H. RICE, UNITED STATES DISTRICT JUDGE

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

         On May 1, 2019, the United States charged defendant Anthony James Franklin in a one-count Superseding Information with possession with intent to distribute fentanyl and acetyl fentanyl, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C).

         On May 10, 2019, the Defendant entered into a Plea Agreement with the United States in which the Defendant agreed to plead guilty to Count 1 of the Superseding Information and agreed to the immediate forfeiture, pursuant to 21 U.S.C. § 853(a), of all property constituting, or derived from, any proceeds the Defendant obtained, directly or indirectly, as a result of such violation and all property used, or intended to be used in any manner or part, to commit, or to facilitate the commission of such violation, including but not limited to the following (the "subject property''):

• $1, 326.00 in U.S. Currency; and
• Miscellaneous cellular phones.

         The Defendant entered a plea of guilty to Count 1 of the Superseding Information on May 10, 2019.

         The subject property is forfeitable, pursuant to 21 U.S.C. § 853(a), as proceeds and/or property that facilitated the offense set forth in Count 1 of the Superseding Information to which the Defendant has pleaded guilty. The Defendant had an interest in the subject property.

         The United States has established the requisite nexus between the subject property and the Defendant's offense.

         THEREFORE, IT IS HEREBY ORDERED THAT:

         1. All right, title, and interest in the subject property is condemned and forfeited to the United States pursuant to 21 U.S.C. § 853(a).

         2. The United States is authorized to seize the subject property, pursuant to 21 U.S.C. § 853(g) and Fed. R. Crim. P. 32.2(b)(3), whether held by the Defendant or a third party; conduct any discovery for identifying, locating, or disposing of the property; and to commence proceedings that comply with any statutes governing third party rights.

         3. In accordance with the direction provided by the Attorney General and Fed. R. Crim. P. 32.2(b)(6), the United States shall publish notice of this Order 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 described in Supplemental Rule G(4)(a)(iv). Publication is unnecessary if any exception in Supplemental Rule G(4)(a)(i) applies.

         4. The notice must describe the forfeited property, state the times under the applicable statute when a petition contesting the forfeiture must be filed, and state the name and contact information for the Assistant United States Attorney to be served with the ...


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