Opinion
NO. 5:16-CR-00014-D
08-18-2016
UNITED STATES OF AMERICA v. FLORENTINO ARELLANO-GARCIA
ORDER OF FORFEITURE
WHEREAS, pursuant to the entry of a Memorandum of Plea Agreement entered into by the defendant on June 25, 2015 and the Consent to Forfeiture on March 21, 2016, the following property is hereby forfeitable pursuant to 18 U.S.C. § 924(d)(1), made applicable to this proceeding by virtue of 28 U.S.C. § 2461(c), as a firearm and ammunition used in a knowing violation of 18 U.S.C. §§ 922(g)(5) and 924, to wit, a New England Firearms shotgun H&R 1871 20ga, serial number NY561180, a Savage Arms Savage Mark II caliber .22 rifle, serial number 1660427, a Winchester 94 rifle, serial number 2725044, and a Savage Industries Model 110E caliber 30-06 SPRG, serial number E456708, and any and all accompanying ammunition;
AND WHEREAS, by virtue of said Memorandum of Plea Agreement, the United States is now entitled to possession of said personal property, pursuant to Fed. R. Crim. P. 32.2(b)(3);
It is hereby ORDERED, ADJUDGED and DECREED:
1. That based upon the Memorandum of Plea Agreement and the Consent to Forfeiture as to the defendant FLORENTINO ARELLANO-GARCIA, the United States is hereby authorized to seize the above-stated personal property, and it is hereby forfeited to the United States for disposition in accordance with the law, including destruction, as allowed by Fed. R. Crim. P. 32.2(b)(3). In accordance with Fed. R. Crim. P. 32.2(b)(4)(A), this Order is now final as to the defendant.
2. That upon sentencing and issuance of the Judgment and Commitment Order, the Clerk of Court is directed to incorporate a reference to this Order of Forfeiture in the applicable section of the Judgment, as required by Fed. R. Crim. P. 32.2(b)(4)(B).
The Clerk is hereby directed to send copies of this Order to all counsel of record.
SO ORDERED. This 18 day of August, 2016.
/s/_________
JAMES C. DEVER III
Chief United States District Judge