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United States v. Register

United States District Court, E.D. North Carolina, Western Division

July 25, 2017

UNITED STATES OF AMERICA
v.
DOUGLAS EARL REGISTER

          PRELIMINARY ORDER OF FORFEITURE

          TERRENCE W. BOYLE United States District Judge

         WHEREAS, pursuant to the entry of the Memorandum of Plea Agreement entered into by the defendant, Douglas Earl Register, on March 7, 2017, the Court finds that the following property is hereby forfeitable pursuant to 21 U.S.C. § 853, to wit:

Personal Property
1) One 2009 Nissan MAXIMA - VIN: 1N4AA51E79C812275;
2) One 2013 Carolina Skiff Boat - VIN: EKH3J205D313
3) One 2013 WESCO Trailer - VIN: 1W7B1221D1002170
4) One 2007 Nissan Armada - VIN: 5N1BA08A27N708133; and
5) The items listed in Attachment A attached hereto and incorporated-herein by reference.

         Currency

         $22, 500 in U.S. Currency in lieu of one approximately .67 acre tract of real property, with all improvements thereto, located in Harnett County, North Carolina, and more fully described in a deed recorded in book 01495, page 0473 of the Harnett County Registry, being titled in the names of Douglas Earl Register and wife, Lori Denise Jones Register, and having the street address of 192 Bears Lane, Dunn, North Carolina;

         AND WHEREAS, by virtue of said Memorandum of Plea Agreement the United States is now entitled to possession of said property, as allowed by Fed. R. Crim. P. 32.2 (b)(3);

         It is hereby ORDERED, ADJUDGED and DECREED:

         1. That based upon the Memorandum of Plea Agreement as to the defendant, Douglas Earl Register, the United States is hereby AUTHORIZED to seize the above-stated property and currency, and they are hereby forfeited to the United States for disposition in accordance with the law, including destruction, subject to the provisions of 21 U.S.C. § 853(n), as allowed by Fed. R. Crim. P. 32.2(b)(3). In accordance with Fed. R. Crim. P. 32.2(b)(4)(A), this Order is final as to the defendant upon entry.

         2. That upon sentencing and issuance of the Judgment and Commitment Order, the Clerk of Court is directed to incorporate a reference to this Order of Forfeiture in the applicable section of the Judgment, as required by Fed. R. Crim. P. 32.2(b)(4)(B).

         3. Pursuant to 21 U.S.C. § 853 (n), the United States shall publish notice of this Order and of its intent to dispose of the property in such manner as the Attorney General or the Secretary of Treasury, by publishing and sending notice in the same manner as in civil forfeiture cases, as provided in Supplemental Rule G(4). Any person other than the defendant, having or claiming any legal interest in the subject property must file a petition with the Court within 30 days of the publication of notice or of receipt of actual notice, whichever is earlier.

         The petition must be signed by the petitioner under penalty of perjury and shall set forth the nature and extent of the petitioner's right, title, or interest in the subject property, and must include any additional facts supporting the petitioner's claim and the relief sought.

         4. That upon adjudication of all third party interests this Court will enter a Final Order of Forfeiture pursuant to 21 U.S.C. § 853, as required by Fed. R. Crim. P. 32.2(c).

         SO ORDERED.

         ATTACHMENT A

         1. one (1) brown. and blued Mossberg 500C pump shotgun.

         2. one (1) Harrington & Richardson .410 single shot shotgun-. with serial number" AR210150.

         3. one (1) black and silver Mossberg 500 shotgun with serial number T677165.

         4. one (1) silver and green Ruger 10-22 semi-automatic rifle with serial number 245-3518.

         5. one (1) black and silver Ruger P345 semi-automatic handgun with serial number 665-04944.

         6. one (1) black Taurus .38 Special revolver with serial number UF16857.

         7. one. (1) brown and blued Browning 12 gauge semi-automatic shotgun with serial number 35362.

         8. one (1) black and silver Smith and Wesson .38 Special revolver with serial number CUV3771.

         9. one (1) silver and pink Smith and Wesson .38 Special Airweight revolver with serial number CHU2591.

         10. one (1) brown and black Winchester .22 caliber rifle with serial number 81624344.

         11. one (1) EIG-EIBAR .410'bolt action shotgun with serial number 81669.

         12. one (1) black and brown Remington 870 20 gauge pump shotgun with serial number AB040993U.

         13. one (1) black and brown Remington 870 12 gauge pump shotgun with ...


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