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United States v. Holloway

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

July 6, 2018

UNITED STATES OF AMERICA
v.
DONYALE JERREL HOLLOWAY, et al.

          FINAL ORDER OF FORFEITURE

          DAVID BRAMLETTE III UNITED STATES DISTRICT JUDGE

         Before the Court is the United States' Motion for a Final Order of Forfeiture. Mot. for Final Order of Forfeiture, ECF No. 163. Having reviewed the motion and the attached exhibits, and based on the record and the applicable law, the Court finds that the government's motion is well taken and should be GRANTED. In support of the instant ORDER, the Court finds as follows:

         WHEREAS, on or about March 8, 2017, the Federal Bureau of Investigation ("FBI") seized the following property:

$16, 020.00 in U.S. Currency from a plastic bag in a kitchen in Bogue Chitto, MS (17-FBI-001894) which was seized from Donyale Holloway; $32, 010.00 in U.S. Currency from a hidden compartment in a kitchen in Bogue Chitto, MS (17-FBI-001898) which was seized from Donyale Holloway; and
$5, 644.00 in U.S. Currency from a bedroom dresser in Bogue Chitto, MS (17-FBI-001900) which was seized from Donyale Holloway,

         ("Seized U.S. Currency") pursuant to a search and seizure warrant issued in the Southern District of Mississippi;

         WHEREAS, on February 8, 2017, a Federal Grand Jury sitting in the Southern District of Mississippi returned a criminal indictment against Donyale Jerrel Holloway and other individuals, charging Holloway with possession with intent to distribute 100 kilograms or more of marijuana, in violation of 21 U.S.C. § 841(a)(1), and conspiracy to possess with the intent to distribute, in violation of 21 U.S.C. § 846. Indictment, ECF No. 3. The Indictment contained a general notice that the United States was seeking forfeiture, pursuant to 21 U.S.C. § 853, of all property involved in or traceable to property involved in the offenses, including but not limited to all proceeds obtained directly or indirectly from the offenses, and all property used to facilitate the offenses listed in the Indictment. Id., p. 4. On April 6, 2017, the United States filed a Bill of Particulars Specifying Property to be Forfeited, which identified the three sums of U.S. Currency listed above, and "One (1) 'Gucci' box with multiple pieces of miscellaneous jewelry." Bill of Particulars, ECF No. 69;

         WHEREAS, Donyale Jerrel Holloway pled guilty to count one (conspiracy) of the Indictment, pursuant to a Plea Agreement, on July 31, 2017. Plea Agreement, ECF No. 92. Thereafter, on September 15, 2017, the United States filed a Motion for a Hearing on a Preliminary Order of Forfeiture, Motion for a Hearing on a Preliminary Order of Forfeiture, ECF No. 112;

         WHEREAS, after a hearing held on December 5, 2017, this Court entered a Preliminary Order of Forfeiture on February 2, 2018. Preliminary Order of Forfeiture, ECF No. 148. This order found that the Seized U.S. Currency was subject to forfeiture, that the defendant had an interest in such property, and that the United States had established the requisite nexus between such property and the offense charged in Count 1 of the Indictment. Id., p. 2. Accordingly, the Court ordered that the Seized U.S. Currency be forfeited to the United States. Id. The Court, however, had not found the requisite nexus between the jewelry and ordered it returned to the Defendant. Id.;

         WHEREAS, the United States initiated notification regarding the forfeiture on or about February, 8, 2018, including sending direct notice to Denise Turner Holloway via registered mail, return receipt requested. See Proofs of publication and service, Exhibits A and B, ECF Nos. 163-1 and 163-2;

         WHEREAS, on March 8, 2018, Denise Turner Holloway filed a Petition to Contest Forfeiture and Request Hearing, claiming "an interest, equitable or otherwise" in the Seized U.S. Currency. Petition to Contest Forfeiture and Request Hearing, ECF No. 155;

         WHEREAS, no other claims were filed and to date, the United States has not filed a civil judicial action against the seized property;

         WHEREAS, the United States and Denise Turner Holloway wish to avoid the necessity of further litigation of this forfeiture action, and have agreed to the conditions under which further or additional litigation may be avoided, and entered into an Agreed Settlement Regarding Seized U.S. Currency. See Agreed Settlement Regarding Seized U.S. Currency, ECF No. 163-3;

         WHEREAS, Bobby Moak, as counsel for Denise Turner Holloway, is duly authorized to represent Denise Turner Holloway and enter this ...


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