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United States v. Roland

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

August 7, 2017

UNITED STATES OF AMERICA
v.
(3) JENNIFER LEANN ROLAND

          JILL WESTMORELAND ROSE UNITED STATES ATTORNEY

          STEVEN R. KAUFMAN Assistant United States Attorney

          JENNFER LEANN ROLAND Defendant

          JULIA G. MIMMS ESQ. Attorney for Defendant

          CONSENT ORDER AND JUDGMENT OF FORFEITURE PENDING RULE 32.2(c)(2)

          HONORABLE DAVID S. CAYER UNITED STATES MAGISTRATE JUDGE

         BASED UPON the Defendant's plea of guilty and finding that there is a nexus between the property listed below and the offense(s) to which the Defendant has pled guilty and that the Defendant (or any combination of Defendants in this case) has or had a possessory interest or other legal interest in the property[1], IT IS HEREBY ORDERED THAT:

         1. The following property is forfeited to the United States pursuant to 21 U.S.C. § 853, provided, however, that forfeiture of specific assets is subject to any and all third party petitions under 21 U.S.C. § 853(n), pending final adjudication herein:

Approximately $11, 658 in United States currency seized on or about December 22, 2016;

One .410 bore Snake Charmer shotgun, serial number 65684 and ammunition, seized on or about December 22, 2016;

Approximately $3, 500 in United States currency seized on or about January 31, 2017; and
A forfeiture money judgment in the amount of $10, 000, such amount constituting the proceeds of offenses set forth in the Second Superseding Bill of Indictment. For purposes of 21 U.S.C. § 853(p), Defendant stipulates that these proceeds were dissipated by Defendant and that substitute property is subject to forfeiture up to the proceeds amount.

         2. The United States Marshals Service, the investigative agency, and/or the agency contractor is authorized to take possession and maintain custody of the above specific asset(s).

         3. If and to the extent required by Fed. R. Crim. P. 32.2(b)(6), 21 U.S.C. § 853(n), and/or other applicable law, the United States shall publish notice and provide direct written notice of forfeiture.

         4. A forfeiture money judgment shall be included in the defendant's sentence, and the United States may take steps to collect the judgment from any property of the defendant, provided, the value of any forfeited specific assets shall be credited toward satisfaction of this money judgment upon liquidation 5. Any person, other than the Defendant, asserting any legal interest in the property may, within thirty days of the publication of notice or the receipt of notice, whichever is earlier, petition the court for a hearing to adjudicate the validity of the alleged interest.

         6. Pursuant to Fed. R. Crim. P. 32.2(b)(3), upon entry of this order, the United States Attorney's Office is authorized to conduct any discovery needed to identify, locate, or dispose of the property, including depositions, interrogatories, and request for ...


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