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United States v. Rangel-Gutierrez

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

August 1, 2019

UNITED STATES OF AMERICA
v.
OSCAR RANGEL-GUTIERREZ

          WILLIAM STETZER [1] UNITED STATES ATTORNET

          BENJAMIN BAIN-CREED Assistant United States Attorney

          OSCAR RANGEL-GUTIERREZ Defendant

          ROB HEROY, ESQ. Attorney for Defendant

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

          THE HONORABLE KENNETH D. BELL UNITED STATES DISTRICT 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, IT IS HEREBY ORDERED THAT:

         1. The following property is forfeited to the United States pursuant to 18 U.S.C. § 982, 21 U.S.C. § 853 and/or 28 U.S.C. § 2461(c), 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:

A forfeiture money judgment in the amount of $750, 000. Defendant stipulates that the Government May satisfy the money judgment via forfeiture of proceeds and/or substitute property as defined in 21 U.S.C. § 853(p). For purposes of forfeiture under Section 853(p), Defendant stipulates that, as a result of acts or omissions of Defendant, one or more provisions of Section 853(p)(1)(A)-(E) are satisfied;
$20, 000 in funds delivered by Maria and Benjamin Diaz to the United States and forfeited herein as a substitute res for the real property at 226 Maple Creek Drive, Statesville, North Carolina, more particularly described in a Warranty Deed to Oscar M. Rangel-Gutierrez and Maria M. Diaz, recorded on August 10, 2018 at the Iredell County Register of Deeds, Book 2571, Page 1489;
One 2019 Dodge Ram pickup truck, VIN No. 1C6SRFKT1KN622242, titled to Maria M. Diaz;
One 2016 Cadillac Escalade, VIN No. 1GYS4KKJ7GR148208, titled to Maria M, Diaz;
One 2018 Ford F-150 Super Crew pick-up truck, VIN No. 1FTEW1EB1JFA55656, titled to Maria M. Diaz;
One 2016 Ford Transit 350 XLT van, VIN No. 1FBZX2ZMXGKA65056, titled to Maria M. Diaz.

         2. The United States Marshals Service, the investigative agency, and/or the agency contractor is authorized to take possession and ...


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