United States District Court, E.D. North Carolina, Southern Division
W. FLANAGAN UNITED STATES DISTRICT JUDGE
matter is before the court on defendant's motion for
return of seized property (DE 597), to which the government
filed a response in opposition. In this posture, the issues
raised are ripe for ruling. For the following reasons,
defendant's motion is denied.
pleaded guilty pursuant to a written plea agreement, on
September 12, 2007, to conspiring to distribute more than
five kilograms of cocaine and carrying a firearm during and
relation to a drug trafficking crime. On February 11, 2008,
the court sentenced defendant to a total term of imprisonment
of 240 months. The court reduced defendant's sentence, on
February 18, 2016, to a total term of imprisonment of 206
months, pursuant to 18 U.S.C. § 3582(c)(2).
filed the instant motion, pursuant to Federal Rule of
Criminal Procedure 41(g), seeking return of the following
assets seized by the government pursuant to a search warrant
executed August 25, 2006, and on the date of defendant's
arrest, on May 29, 2007, comprising:
1) seized cash from search, in the amount of $2, 651;
2) 2004 Infinity Q-X 56;
3) 1997 Dodge Caravan;
4) seized cash from safe deposit, in the amount of $144, 000;
5) 24K gold chain, 24K gold bracelet, 14K gold chain with
6) seized cash upon arrest, in the amount of $4000.
notes that $3, 291.00 and certain real property were subject
to judicial forfeiture in this criminal case.
response, the government attaches a declaration of Vicki L.
Rashid (“Rashid”), forfeiture counsel of the Drug
Enforcement Administration (DEA), stating and documenting
that all of the assets referenced in the instant motion,
except for $4000 cash upon arrest, were subject of an
administrative forfeiture completed in 2006 and 2007. Rashid
states that money removed from defendant's person upon
arrest totaled $3, 291.00 in currency, and such currency was
forfeited judicially in this criminal case.