United States District Court, S.D. Mississippi, Northern Division
O. CHALK Assistant United States Attorney.
CARNAJJL CAMPBELL Defendant.
SCOTT GILBERT Attorney for Defendant.
AGREED PRELIMINARY ORDER OF FORFEITURE
to a separate Plea Agreement and Plea Supplement between the
defendant, ALVIN CARNAIL CAMPBELL, by and
with the consent of his attorney, and the UNITED
STATES OF AMERICA (hereinafter
"Government"), ALVIN CARNAIL
CAMPBELL, agrees that the following findings are
correct, and further agrees with the adjudications made
herein. Accordingly, the Court finds as follows:
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.
Defendant agrees, the $45, 960.00 United States
Currency 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 Title 21 U.S.C. § 853.
Defendant has been apprised that Rule 32.2 of the Federal
Rules of Criminal Procedure, and Title 18 U.S.C. § 982
require the Court to order the forfeiture of the $45, 960.00
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."
THEREFORE, ORDERED AND ADJUDGED AS FOLLOWS:
a. That the Defendant shall forfeit to the United States,
$45, 960.00 United States Currency
b. The Court has determined, based on the Defendant's
Plea Agreement and Plea Supplement, that the following
property is subject to forfeiture pursuant to Title 21 U.S.C.
§ 853, that the Defendant had an interest in such
property and that the Government has established the
requisite nexus between such property and such offenses.
c. The United States may conduct any discovery it considers
necessary to identify, locate, or dispose of the property
subject to forfeiture or substitute assets for such property.
d. The United States shall publish notice of the order and
its intent to dispose of the property in such a manner as the
United States Attorney General may direct. The United States
may also, to the extent practicable, provide written notice
to any person known to have an alleged interest in the
subject property. Fed. R. Crim. P. 32.2(c)(1).
e. Any person, other than the above named Defendant,
asserting a legal interest in the subject property may,
within thirty days of the final publication of notice or
receipt of notice, whichever is earlier, petition the court
for a hearing without a jury to adjudicate the validity of
his alleged interest in the subject property, and for an