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United States v. McCaskill
United States District Court, S.D. Mississippi, Eastern Division
October 3, 2019
UNITED STATES OF AMERICA
ALFRED MCCASKILL a/k/a "Crenshaw"
W. EICHNER Assistant United States Attorney
WEBER III Attorney for Defendant
AGREED PRELIMINARY ORDER OF FORFEITURE
to a separate Plea Agreement and Plea Supplement between the
defendant, ALFRED MCCASKILL, by and with the
consent of his attorney, and the UNITED
STATES OF AMERICA (hereinafter
"Government"), defendant agrees that the following
findings are correct, and further agrees with the
adjudications made herein. Accordingly, the Court finds as
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
Any and all ammunition seized;
(the "Subject Property")
constitutes or was derived from proceeds that the defendant
obtained, directly or indirectly, as a result of the offense
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 offense 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
Subject Property 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,
Any and all ammunition seized.
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 18 U.S.C.
§ 924(d)(1) and 28 U.S.C. § 2461(c), 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(b)(6).
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
amendment of the Order of Forfeiture, pursuant to 21 U.S.C.
§ 853 (n).
f. Pursuant to Fed. R. Crim. P. 32.2(b)(4)(A), this
Preliminary Order of Forfeiture shall become final as to the
Defendant at the time of sentencing [or before sentencing if
the Defendant consents] and shall be made part of the
sentence and included in the judgment. If no third party
files a timely claim, this order shall ...
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