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United States v. Elbert

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

February 13, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
JAMES M. ELBERT, III, Defendant.

          PRELIMINARY ORDER OF FORFEITURE

          MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE.

         A Second Superseding Indictment was filed on or about October 4, 2017, which charged Defendant James M. Elbert, III with violating 18 U.S.C. § 922(g)(1) (Count Five: Felon in Possession of Ammunition).

         On October 25, 2017, Defendant James M. Elbert, III (“Defendant”) entered into a Rule 11 Plea Agreement, wherein he pled guilty to violating 18 U.S.C. § 922(g) as alleged in Count Five of the Second Superseding 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):

• Two rounds of .40 caliber ammunition manufactured by Cascade Cartridge, Inc., and one round of .40 caliber ammunition manufactured by Winchester Ammunition Company; and
• One Kel Tec, Model PF-9, 9mm caliber, semi-automatic pistol, Serial No. RQ221

(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 Five of the Second Superseding 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 Five of the Second Superseding 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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