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United States v. Tripp

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

November 20, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
NICHOLAS C. TRIPP, Defendant.

          PRELIMINARY ORDER OF FORFEITURE

          MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE

         An Indictment was filed on or about April 5, 2017, which charged Defendant Nicholas C. Tripp with violating 18 U.S.C. § 922(g)(1) (Count One: Felon in Possession of a Firearm).

         On July 24, 2017, Defendant Nicholas C. Tripp (“Defendant”) entered into a Rule 11 Plea Agreement, wherein he pleaded guilty to violating 18 U.S.C. § 922(g) as alleged in Count One of the Indictment.

         WHEREAS, in his Rule 11 Plea Agreement and pursuant to 18 U.S.C. § 924 together with 28 U.S.C. § 2461(c), Defendant agreed to the forfeiture of the following item(s):

• One (1) Ruger Model SR40, .40 caliber, semi-automatic pistol, Serial No. 34243861; and
• Thirty (30) rounds of .40 caliber ammunition;

(hereinafter referred to as the “Subject Property”).

         In his Rule 11 Plea Agreement, Defendant agreed to the Court's entry of a Preliminary Order of Forfeiture incorporating the forfeiture of the Subject Property upon application by the United States at, or any time before, his sentencing in this case.

         NOW, THEREFORE, pursuant to 18 U.S.C. § 924 together with 28 U.S.C. § 2461(c) and Fed.R.Crim.P. 32.2, and based upon Defendant's guilty plea to Count One of the Indictment, the contents of Defendant's Rule 11 Plea Agreement, the Government's Application for Entry of Preliminary Order of Forfeiture, and other information in the record, IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT

         1. Defendant shall forfeit to the United States (a) any and all interest Defendant has acquired or maintained in violation of 18 U.S.C. § 922(g) as described in Count One of the Indictment, which includes the Subject Property.

         2. Pursuant to 18 U.S.C. § 924, the Subject Property IS HEREBY FORFEITED to the United States for disposition according to law, and any right, title or interest of Defendant, and any right, title or interest that his heirs, successors, or assigns, have or may have in the Subject Property IS HEREBY AND FOREVER EXTINGUISHED.

         3. The Court has determined, based upon the indictment and agreements contained in Defendant's Rule 11 plea agreement, and other information in the record, that there is a sufficient nexus between the Subject Property and Defendant's offense.

         4. This Order shall become final as to Defendant at the time it is entered and the forfeiture shall be made part of Defendant's sentence and included in Defendant's Judgment.

         5. Upon entry of this Preliminary Order of Forfeiture, the United States Attorney General or his designee is authorized to commence any applicable proceeding to comply with the statutes governing ...


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