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United States v. Cox

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

December 5, 2019

UNITED STATES OF AMERICA
v.
CHERI JESSICA COX

          AGREED PRELIMINARY ORDER OF FORFEITURE

         Pursuant to a separate Plea Agreement and Plea Supplement between the defendant, CHERI JESSICA COX, by and with the consent of her attorney, and the UNITED STATES OF AMERICA (hereinafter “Government”), CHERI JESSICA COX 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 her interests in and to the hereinafter described property, having been apprised of such by her attorney and by this Court; and she 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
Phoenix Arms, Model HP22A, 22 caliber pistol, SN: 4260741; and Any and all 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 Title 21 U.S.C. §853.
3. The 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:
Phoenix Arms, Model HP22A, 22 caliber pistol, SN: 4260741; and Any and all 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 her 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,
Phoenix Arms, Model HP22A, 22 caliber pistol, SN: 4260741; and 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 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 ...

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