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United States v. McNutt

United States District Court, D. Idaho

November 14, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
JOSEPH EDISON MCNUTT, Defendant.

          PRELIMINARY ORDER OF FORFEITURE

          B. Lynn Winmill Chief Judge United States District Court

         This matter having come before the Court on Plaintiff's Motion for Preliminary Order of Forfeiture (Dkt. 46), and based upon the record and filings herein, and the Rule 11 Plea Agreement (Dkt. 39 - filed September 15, 2016), which was entered into between JOSEPH EDISON MCNUTT and the United States of America, by which the defendant pled guilty to a violation of 18 U.S.C. § 922(g)(1), said plea providing for forfeiture of any and all interests the defendant possessed in the Subject Property pursuant to 18 U.S.C. § 924(d) and made applicable pursuant to 28 U.S.C. § 2461(c);

         NOW, THEREFORE, THE COURT ORDERS that the United States' Motion for Preliminary Order of Forfeiture (Dkt. 46) is GRANTED and the defendant shall forfeit to the United States any property involved in or used in commission of the defendant's violations of 18 U.S.C. § 922(g)(1), to include, but not be limited to, the following property (hereinafter “Subject Property”):

         Subject Property:

         1. Smith and Wesson, Model SW40F, .40 S&W caliber pistol, bearing serial number PAB2748; and

         2. FEG, Model SA-2000M, 7.62 x 39 caliber rifle, bearing serial number DA8925.

         Substitute Assets: Upon a showing that any of the properties and interests described above as being subject to forfeiture, as a result of any action or omission of the defendant above named:

1. cannot be located upon the exercise of due diligence;
2. has been transferred or sold to, or deposited with, a third person;
3. has been placed beyond the jurisdiction of the court;
4. has been substantially diminished in value; or
5. has been commingled with other property which cannot be subdivided without difficulty; the United States shall be authorized, pursuant to 21 U.S.C. § 853(p), to seek forfeiture of any other property of the said defendant up to the value of the forfeitable properties and interest herein.

         The Court has determined, based on the guilty plea to Count One of the Indictment as set out in the defendant's plea agreement, that the above property is subject to forfeiture pursuant to 18 U.S.C. § 924(d), and made applicable pursuant to 28 U.S.C. § 2461(c), and that the United States has established the requisite nexus between such property and such offense.

         The United States Attorney General (or a designee) is hereby authorized to seize the Subject Property, in accordance with Rule ...


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