United States v. McCoy

          JONATHAN D. LETZRING Assistant United States Attorney

          TIMOTHY JASON MCCOY Defendant

          RUSSELL L. MCLEAN, III Attorney for Defendant

          CONSENT ORDER AND JUDGMENT OF FORFEITURE

          W. CARLETON METCALF UNITED STATES MAGISTRATE JUDGE.

         WHEREAS, the defendant, TIMOTHY JASON MCCOY, has entered into a plea agreement (incorporated by reference herein) with the United States and has voluntarily pleaded guilty pursuant to Fed. R. Crim. P. 11 to one or more criminal offenses under which forfeiture may be ordered;

         WHEREAS, the defendant and the United States stipulate and agree that the property described below constitutes property derived from or traceable to proceeds of the defendant's offense(s) herein; property involved in the offenses, or any property traceable to such property; and/or property used in any manner to facilitate the commission of such offense(s); or substitute property as defined by 21 U.S.C. § 853(p) and Fed. R. Crim. P. 32.2(e); and is therefore subject to forfeiture pursuant to 21 U.S.C. § 853, 18 U.S.C. § 924(d), and/or 28 U.S.C. § 2461(c), provided, however, that such forfeiture is subject to any and all third party claims and interests, pending final adjudication herein; the defendant waives his interest, if any, in the property and agrees to the forfeiture of such interest;

         WHEREAS, the defendant herein waives the requirements of Fed. R. Crim. P. 32.2 regarding notice of the forfeiture in the charging instrument, announcement of the forfeiture at sentencing, and incorporation of the forfeiture in the judgment against defendant;

         WHEREAS, pursuant to Fed. R. Crim. P. 32.2(b)(1) & (c)(2), the Court finds that there is the requisite nexus between the property and the offense(s) to which the defendant has pleaded guilty;

         WHEREAS, the defendant withdraws any claim previously submitted in response to an administrative forfeiture or civil forfeiture proceeding concerning any of the property described below. If the defendant has not previously submitted such a claim, the defendant hereby waives all right to do so. If any administrative below has previously been stayed, the defendant hereby consents to a lifting of the stay and consents to forfeiture;

         WHEREAS, the undersigned United States Magistrate Judge is authorized to enter this Order by the previous Order of this Court No. 3.05MC302-C (September 8, 2005);

         NOW, THEREFORE, IT IS HEREBY ORDERED THAT the following property is forfeited to the United States:

• One Hi-Point JHP, .45 caliber handgun, bearing serial number X4346627, with 17 rounds of .45 caliber ammunition; and

• One unknown make, unknown caliber shotgun, bearing serial number 136255J, with four shotgun shells.

         The United States Marshal and/or other property custodian for the investigative agency is authorized to take possession and maintain ...