United States District Court, W.D. North Carolina
JONATHAN D. LETZRING, Assistant United States Attorney.
ORLANDO NAVARRO-MELENDEZ, Defendant.
ALT-SUMMERS, Attorney for Defendant.
CONSENT ORDER AND JUDGMENT OF FORFEITURE
Reidinger, United States District Judge.
the defendant, OSCAR ORLANDO NAVARRO-MELENDEZ, 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 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 her 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;
THEREFORE, IT IS HEREBY ORDERED THAT the following
property is forfeited to the United States:
• H&R revolver bearing serial number
A184746, with approximately 50 rounds of assorted ammunition
and one extended pistol magazine; and
• Hi-Point, 9mm caliber pistol, bearing serial
number P1376225, with approximately 87 rounds of assorted 9mm
caliber ammunition and two pistol magazines.
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 ...