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United States v. Rembert-Scroggins

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

July 31, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
TIMOTHY P. REMBERT-SCROGGINS, Defendant.

          Matthew Schneider United States Attorney

          Gjon Juncaj Assistant United States Attorney

          Richard Korn Attorney for Defendant

          STIPULATED PRELIMINARY ORDER OF FORFEITURE

          MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE

         The United States, by and through its attorneys, Matthew Schneider, United States Attorney for the Eastern District of Michigan, and Gjon Juncaj, Assistant United States Attorney, together with Defendant Timothy P. Rembert-Scroggins, individually and by and through his attorney, Richard Korn, submit this Stipulated Preliminary Order of Forfeiture to the Court and stipulate and agree to the following:

         1. The United States filed a First Superseding Information on May 30, 2019, which charged defendant with Counts One and Two, Prohibited Person in Possession of a Firearm, in violation of 18 U.S.C. § 922(g)(1). The First Superseding Information contains forfeiture allegations providing, inter alia, notice that upon conviction of the alleged offenses, the United States will seek to forfeit any firearm or ammunition involved in the offense, pursuant to 18 U.S.C. § 924(d)(1). (ECF No. 27)

         2. The United States filed a First Forfeiture Bill of Particulars on June 7, 2019 (ECF. No. 29) pursuant to Federal Rule of Criminal Procedure 7(f), to provide notice of specific property the Government intends to forfeit upon conviction:

• Smith and Wesson 3914 Pistol CAL:9 SN: VAA1832;
• 19 Rounds Assorted Ammunition CAL:9;
• Taurus International PT111 Millennium G2 Pistol CAL:9 SN:TKS28146;
• 12 Rounds Assorted Ammunition CAL:9;

         3. On June 6, 2019, the defendant pled guilty to Count Two of the First Superseding Information, which charges him with being a prohibited person in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). (ECF No. 32) Specifically, the Defendant pled guilty to possessing the Smith and Wesson 3914 Pistol CAL:9 SN: VAA1832 (“Smith and Wesson Firearm”).

         4. In Defendant's Rule 11 Plea Agreement (“Rule 11”), pursuant to 18U.S.C. § 924(d), Defendant agreed to the forfeiture of the firearm and ammunition involved in his violation of 18 U.S.C. § 922(g). The parties agree that the Rule 11 forfeiture agreement incorrectly cited the Taurus International PT111 Millennium G2 Pistol CAL:9 SNTKS28146 as the firearm to be forfeited for his Count Two violation. (ECF No. 32 at 4). This Stipulation correctly provides for the criminal forfeiture of the Smith and Wesson Firearm and ammunition. Consistent with the intent of the Rule 11 agreement, this Stipulation also provides for the administrative disposition of the remaining seized firearm not being forfeited in these criminal proceedings.

         5. In the Rule 11, Defendant agreed to the entry of one or more orders of forfeiture of his interests in such property upon application by the United States ...


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