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United States v. Funderburk

United States District Court, W.D. North Carolina, Charlotte Division

February 11, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
DOMINIQUE LEVON FUNDERBURK, Defendant.

FINAL ORDER AND JUDGMENT CONFIRMING FORFEITURE

FRANK D. WHITNEY, Chief District Judge.

On December 9, 2013, this Court entered a Preliminary Order of Forfeiture pursuant to 21 U.S.C. ยง 853 and Fed. R. Crim. P. 32(d)(2), based upon the Defendant's plea of guilty to Count One in the Bill of Indictment and evidence already on record; and was adjudged guilty of the offenses charged in those counts.

On December 11, 2013 through January 9, 2013, the United States published via www.forfeiture.gov, notice of this forfeiture and of the intent of the government to dispose of the forfeited property according to law, and further notifying all third parties of their right to petition the Court within sixty days from December 11, 2013 for a hearing to adjudicate the validity of any alleged legal interest in the property. It appears from the record that no such petitions have been filed. Based on the record in this case, including the defendant's plea of guilty, the Court finds, in accordance with Rule 32.2(c)(2), that the Defendant had an interest in the property that is forfeitable under the applicable statute.

It is therefore ORDERED:

In accordance with Rule 32.2(c)(2), the Preliminary Order of Forfeiture is confirmed as final. All right, title, and interest in the following property, whether real, personal, or mixed, has therefore been forfeited to the United States for disposition according to law:

One Romarm/Cugir WASR-10/63KR 7.62x39mm rifle, serial number FV2571 and ammunition; and
One Mossberg 500-A 12 gauge shotgun, serial number R403777 and ammunition

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