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United States v. Spiva

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

June 18, 2018

UNITED STATES OF AMERICA
v.
LAKENDRICK LASHUN SPIVA

          LYNN MURRAY ASSISTANT UNITED STATES ATTORNEY, LAKENDRICK LASHUN SPIVA DEFENDANT, ABBY BRUMLEY, ESQ, ATTORNEY FOR DEFENDANT

          AGREED PRELIMINARY ORDER OF FORFEITURE

         Pursuant to a separate Plea Agreement and Plea Supplement between the Defendant, LAKENDRICK LASHUN SPIVA, by and with the consent of his attorney, and the UNITED STATES OF AMERICA (hereinafter "Government"), LAKENDRICK LASHUN SPIVA ("Defendant") 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) Ruger P89 9mra pistol, serial number 314-78272;

         (2) Clock 42 .380 pistol, serial number AASN460; and

         (3) Any Ammunition seized.

         constitutes or was derived from proceeds that the defendant obtained, directly or indirectly, as a result of the offenses charged in the Indictment and/or was used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of the offenses charged in the Indictment. Such property is, therefore, subject to forfeiture pursuant to 18 U.S.C. § 924(d)(1) and 28 U.S.C. § 2461(c).

         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) Ruger P89 9mm pistol, serial number 314-78272;
(2) Clock 42 .380 pistol, serial number AASN460; and
(3) Any Ammunition seized.

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 ...


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