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United States v. Abu-Rayyan

United States District Court, E.D. Michigan, Southern Division

March 14, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
D-l KHALIL ABU-RAYYAN, Defendant.

          BARBARA L. McQUADE, United States Attorney

          Ronald W. Waterstreet Assistant U.S. Attorney

          Todd Shanker, Esq. Attorney for Defendant

          Khalil Abu-Rayyan, Defendant

          STIPULATED AMENDED PRELIMINARY ORDER OF FORFEITURE

          GEORGE CARAM STEEH, United States District Judge

         The United States of America, by and through its attorneys, Barbara L. McQuade, United States Attorney for the Eastern District of Michigan, and Ronald J. Waterstreet, Assistant United States Attorney, together with Defendant Khalil Abu-Rayyan ("Defendant"), by and through his attorney, Todd Shanker, Esq., hereby submit this Stipulated Amended Preliminary Order of Forfeiture:

         1. The United States of America (the "United States") obtained, an Indictment on or around February 16, 2016, which charged Defendant with Count One, False Statement to Acquire a Firearm, in violation of 18 U.S.C. § 922(a)(6); and Count Two, Possession of a Firearm by a Prohibited Person, in violation of 18 U.S.C. § 922(g)(3). (Docket # 23).

         2. The Indictment also contains a Forfeiture Allegation which provides that upon conviction, pursuant to 18 U.S.C. § 924(d) and 28 U.S.C. § 2461(c), Defendant shall forfeit to the United States, any property involved in, or property traceable to, any of the violations set forth in the Indictment, including a .22 caliber revolver made by Heritage Manufacturing Incorporated, serial no. PI8933, 6 rounds of .22 caliber ammunition, and an additional box containing 52 rounds of .22 caliber ammunition (hereafter "Subject Property").

         3. On or about September 13, 2016, Defendant pleaded guilty to Count One and Two of the Indictment, without a Rule 11 Plea Agreement. Defendant acknowledged the Forfeiture Allegation in the Indictment. On that date, he stipulated to the entry of a preliminary order of forfeiture whereby he forfeited to the United States the.22 caliber revolver made by Heritage Manufacturing Incorporated, serial no. PI8933, and 6 rounds of .22 caliber ammunition. (Docket # 98). Defendant is also stipulating herein to the forfeiture of the box containing 52 rounds of .22 caliber ammunition.

         4. In entering into this Amended Stipulation with respect to forfeiture, Defendant expressly waives the requirements of Federal Rules of Criminal Procedure 32.2 and 43(a) regarding notice of forfeiture in the charging instrument, announcement of forfeiture at sentencing and incorporation of forfeiture in the judgment and expressly waives his right to have a jury determine the forfeitability of his interest in the Subject Property.

         5. In entering into this Stipulation with respect to forfeiture, Defendant acknowledges he understands that forfeiture of the Subject Property is part of the sentence that may be imposed on him in this case and waives his right to challenge any failure by the Court to advise him of this at the time that his guilty plea is accepted pursuant to Federal Rule of Criminal Procedure 1 l(b)(1)(J).

         6. In entering into this Stipulation with respect to forfeiture, Defendant knowingly, voluntarily, and intelligently waives any challenge to forfeiture of the Subject Property based upon the Excessive Fines Clause of the Eighth Amendment to the United States Constitution.

         7. In entering into this Stipulation with respect to forfeiture, Defendant agrees that this Order shall become final as to Defendant at entry.

         Based on the Indictment, this Amended Stipulation, and other information in the record, and pursuant to 18 U.S.C. § 924(d) and 28 U.S.C. § 2461, this Court ORDERS that the Subject Property is FORFEITED to the United States for disposition according to law, and any right, title or interest of the Defendant, and any right title, or interest that ...


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