The opinion of the court was delivered by: Hon. Robert H. Cleland
STIPULATED PRELIMINARY ORDER OF FORFEITURE
The United States of America, by and through its attorneys, Barbara L. McQuade, United States Attorney for the Eastern District of Michigan, and Janice V. Terbush, Assistant U.S. Attorney, together with Defendant Lorenzo Corral-Bustamante ("Defendant"), by and through his attorney, Doraid B. Elder, hereby submit this Stipulated Preliminary Order of Forfeiture;
WHEREAS, an Indictment was filed in the United States District Court for the Eastern District of Michigan, which charged Defendant with violating 21 U.S.C. § 841(a)(1);
WHEREAS, the Indictment also contained forfeiture allegations seeking forfeiture of any property constituting or derived from any proceeds which Defendant obtained as a result of the violation alleged in Count 1 of the Indictment, and any property which Defendant used or intended to be used in any manner or part to commit or to facilitate such violation, including the following property:
(1) One Westernfield 12 gauge short-barreled shotgun, serial #G434164;
(2) One Thompson Center Arms Renegade .54 caliber Muzzle Loader Rifle, serial #158607;
(3) One Davis Industries Model P380 .380 Semi-Auto handgun with obliterated serial number;
(4) One Hi-Point Firearms Model JCP .40 caliber Semi-Auto handgun, serial #716451;
(5) One Unceta Y Compania S.A. Astra model #600/43 handgun, serial #31755;
(6) One 12 gauge Shon Dong, Model YL121J4 shotgun, serial #0205278; and
(7) One Ruger Model P-85 9mm handgun, serial #302-30378. (hereinafter, the "Subject Properties").
WHEREAS, Defendant pleaded guilty to violating 21 U.S.C. § 841(a)(1) (Possession with Intent to Distribute a Controlled Substance) as charged in Count 1 of the Indictment;
WHEREAS, Defendant agrees that his interest in the Subject Properties shall be forfeited to the United States pursuant to 21 U.S.C. § 853 as such property constitutes or is derived from proceeds of a violation of 21 U.S.C. § 841(a)(1), and/or is property which was used or was intended to be used to commit or to facilitate such violation;
WHEREAS, in entering into this agreement with respect to forfeiture, Defendant expressly waives his right to have a jury determine the forfeitability of his interest in the Subject Properties as provided by Rule ...