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United States v. Burris

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

November 7, 2019

UNITED STATES OF AMERICA
v.
JAVARIEN ANTUAIN BURRIS

          R. ANDREW MURRAY UNITED STATES ATTORNEY.

          STEVEN R. KAUFMAN, ESQ. Assistant United States Attorney.

          JAVARIEN ANTUAIN BURRIS Defendant.

          MEKKA JEFFERS NELSON, ESQ. Attorney for Defendant.

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

          HONORABLE DAVID S. CAYER, UNITED STATES MAGISTRATE COURT 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. § 924, 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 $8, 000.00, such amount constituting the proceeds that Defendant personally obtained as a result of the offense/s to which Defendant has pled guilty. 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;
Approximately $2, 152.00 in U.S. Currency seized on July 15, 2019 during the investigation;
One Smith & Wesson, Model SD40VE, .40 caliber handgun, serial number FYE5275, and ammunition, seized on July 15, 2019 during the investigation; and
One Smith & Wesson, Model 60 Ladysmith, .357 caliber handgun, serial number CUF7967, and ammunition, seized on July 15, 2019 during the investigation.

         2. The United States Marshals Service, the investigative agency, and/or the agency contractor is authorized to take possession and maintain custody of the above specific asset(s).

         3. If and 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 provide direct written notice of forfeiture.

         4. A forfeiture money judgment shall be included in the defendant's sentence, and the United States may take steps to collect the judgment from any property of the defendant, provided, the value of any forfeited specific assets shall ...


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