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United States v. Sizemore

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

December 2, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
ZACHARY RYAN SIZEMORE, 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 January 22, 2019, a grand jury in the Southern District of Ohio returned a one-count Indictment, charging Zachary Ryan Sizemore with conspiracy to possess with intent to distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, in violation of 21 U.S.C. §§ 846 and 841(a)(1) and (b)(1)(B)(viii).

         Pursuant to Fed. R. Crim. P. 32.2(a), a forfeiture allegation in the Indictment contained notice to the Defendant that the United States would seek the forfeiture of any property constituting, or derived from, any proceeds obtained, directly or indirectly, as a result of the offense charged in Count 1 of the Indictment, and any property used, or intended to be used, in any manner or part, to facilitate the commission of such violation, including but not limited to the following (the "subject property"):

• $5, 000.00 U.S. Currency seized from Defendant's person; and
• $15, 017.00 U.S. Currency seized from Defendant's hotel room.

         On September 27, 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 Indictment and agreed to the immediate forfeiture of the subject property, pursuant to 21 U.S.C. § 853(a), as proceeds of the offense charged in Count 1 of the Indictment and/or property that facilitated such violation.

         The Defendant entered a plea of guilty to Count 1 of the Indictment on September 27, 2019.

         The subject property is forfeitable, pursuant to 21 U.S.C. § 853(a), as proceeds of the offense charged in Count 1 of the Indictment and/or property that facilitated such violation to which the Defendant has pled 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 ...

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