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