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United States v. Gulley

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

March 21, 2019

United States of America, Plaintiff,
v.
Louis Arzell Gulley, Defendant.

          MATTHEW SCHNEIDER United States Attorney Shankar Ramamurthy

          Benton C. Martin Penny R. Beardslee Attorneys for Defendant

          Louis Arzell Gulley Defendant

          STIPULATED PRELIMINARY ORDER OF FORFEITURE

          HONORABLE TERRENCE G. BERG UNITED STATES DISTRICT JUDGE.

         The United States of America, by and through its attorneys, Matthew Schneider, United States Attorney for the Eastern District of Michigan, and Shankar Ramamurthy, Assistant United States Attorney, together with Defendant Louis Arzell Gulley (“Defendant”), individually and by and through his attorneys, Benton C. Martin, Esq., and Penny R. Beardslee, Esq., hereby submit this Stipulated Preliminary Order of Forfeiture to the Court.

         On June 31, 2018, the United States obtained an Indictment against Defendant. (Dkt. No. 23). The Indictment charged Defendant with Count One, Bank Robbery in violation of 18 U.S.C. § 2113(a).

         The Indictment contains Forfeiture Allegations providing notice that, upon conviction of the offense charged in Count One of the Indictment, the Defendant shall forfeit to the United States (1) any property, real or personal, which constitutes or is derived from proceeds traceable to the violation, pursuant to 18 U.S.C. § 981(a)(1)(C), as incorporated by 28 U.S.C. § 2461, and (2) any firearm or ammunition involved in or used in knowing violation, pursuant to 18 U.S.C. § 924, as incorporated by 28 U.S.C. § 2461. Such property includes, but is not limited to, a money judgment in an amount to be determined in United States currency, and all traceable interest and proceeds for which the Defendant is liable. Such sum in aggregate is equal to property representing the proceeds of the aforementioned offense, or traceable to such property, in violation of 18 U.S.C. §§ 2113(a).

         On November 6, 2018, the United States filed its First Forfeiture Bill of Particulars under Rule 7(f) of the Federal Rules of Criminal Procedure, providing notice that the United States intends to forfeit, upon Defendant's conviction under Title 18, United States Code, Section 2113(a), property including but not limited to One Thousand Four Hundred Sixty Dollars ($1, 460.00) in United States currency, (hereinafter, the “Subject Property”), pursuant to 18 U.S.C. §§ 924 and 981(a)(1)(C), and 28 U.S.C. § 2461. (Dkt. No. 30).

         On or about November 16, 2018, Defendant pleaded guilty to Count One, Bank Robbery in violation of 18 U.S.C. § 2113(a).

         In entering into this 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 any property subject to forfeiture.

         In entering into this Stipulation with respect to forfeiture, Defendant acknowledges that he understands that forfeiture 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 11(b)(1)(J).

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

         In entering into this Stipulation with respect to forfeiture, Defendant agrees to immediate entry of this Stipulated Preliminary Order of Forfeiture, and agrees that this Order shall become final as to Defendant at entry.

         Based on the Indictment, the Defendant's guilty plea, this Stipulation, and other information in the record, and pursuant to 18 U.S.C. §§ 924 and 981(a)(1)(C), as ...


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