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United States v. Baxter

United States District Court, S.D. Mississippi, Eastern Division

March 29, 2018

UNITED STATES OF AMERICA
v.
JOHN BAXTER

          AGREED PRELIMINARY ORDER OF FORFEITURE

         Pursuant to a separate Plea Agreement and Plea Supplement between the defendant, JOHN BAXTER, by and with the consent of his attorney, and the UNITED STATES OF AMERICA (hereinafter "Government"), JOHN BAXTER agrees that the following findings are correct, and further agrees with the adjudications made herein. Accordingly, the Court finds as follows:

         1. The Defendant is fully aware of the consequences of having agreed to forfeit to the Government his interests in and to the hereinafter described property, having been apprised of such by his attorney and by this Court; and he has freely and voluntarily, with knowledge of the consequences, entered into a Plea Agreement and Plea Supplement with the Government to forfeit such property.

         2. The Defendant agrees the

(1) $105, 710.00 United States Currency; and
(2) $80, 300.00 United States Currency

         constitute or were derived from proceeds that the Defendant obtained, directly or indirectly, as a result of the offenses charged in Count 1 of the Indictment and/or were used, or were intended to be used, in any manner or part, to commit, or to facilitate the commission of the offense charged in Count 1 of the Indictment and/or were involved in the offense charged in Count 1 of the Indictment. Such property is, therefore, subject to forfeiture pursuant to 21 U.S.C. § 853.

         3. The Defendant has been apprised that Rule 32.2 of the Federal Rules of Criminal Procedure, and 18 U.S.C. § 982 require the Court to order the forfeiture of the

(1) $105, 710.00 United States Currency; and
(2) $80, 300.00 United States Currency

         at, and as a part of, the sentencing proceeding. The Defendant does hereby waive such requirement and the requirement that the forfeiture be made a part of the sentence as ordered by the Court in the document entitled, "Judgment in a Criminal Case." The Defendant and his attorney further agree that the Court should enter this Order immediately, and agree that the forfeiture ordered hereunder will be a part of the sentence of the Court regardless whether ordered at that proceeding and/or whether attached as a part of the said "Judgment in a Criminal Case."

         IT IS, THEREFORE, ORDERED AND ADJUDGED AS FOLLOWS:

a. That the Defendant shall forfeit to the United States, the
(1) $105, 710.00 United States Currency; and

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