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United States v. Brown

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

December 23, 2019

UNITED STATES OF AMERICA
v.
CHARLES LLOYD BROWN, III

          JONATHAN D. LETZRING Assistant United States Attorney

          CHARLES LLOYD BROWN, III Defendant

          ALBERT M.MESSER Attorney for Defendant

          CONSENT ORDER AND RJDGMENT OF FORFEITURE

          W, . CARLETON MRTCALF UNITED MAGISTRATE JUDGE

         WHEREAS, the defendant, CHARLES LLOYD BROWN, 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;

         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 18 U.S.C. § 924(d) and 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 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;

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 SCCY CPX-1, 9mm caliber pistol, bearing serial number 078558;
• One Piestro Beretta, .22 caliber pistol, bearing serial number F29199;
• One Smith & Wesson, .38 caliber revolver, bearing serial number 515307;
• One (Taurus) Rossi S411220RS, .22 caliber/.410 gauge rifle/shotgun, bearing ...

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