United States District Court, W.D. North Carolina, Asheville Division
EASON Assistant United States Attomey.
Leonard Stamper III Defendants.
FREDILYN SISON Attorney for Defendant.
CONSENT ORDER AND JUDGMENT OF FORFEITURE
W.CARLETON METCALF UNITED STATES MAGISTRATE JUDGE.
the defendant, Ray Leonard Stamper III, 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;
the defendant and the United States stipulate and agree that
the property described below constitutes 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
18 U.S.C. § 924(d), 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;
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
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
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 forfeiture or civil forfeiture proceeding
concerning any of the property described below has previously
been stayed, the defendant hereby consents to a lifting of
the stay and consents to forfeiture;
the undersigned United States Magistrate Judge is authorized
to enter this Order by the previous Order of this Court No.
3:O5MC3O2-C (September 8, 2005);
THEREFORE, IT IS HEREBY ORDERED THAT the
following property is
forfeited to the United States:
One Mossberg shotgun, serial number UM430891 and
United States Marshal and/or other property custodian for the
investigative agency is authorized to take possession and
maintain custody of the above-described tangible property.
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 ...