Opinion
Case No. CR-2-05-174(2).
February 28, 2006
GREGORY L. LOCKHART United States Attorney, ROBYN JONES HAHNERT Assistant United States Attorney Columbus, Ohio, Attorney for the Plaintiff, United States of America.
PRELIMINARY ORDER OF FORFEITURE
WHEREAS, in Forfeiture Count Three of the Superseding Indictment filed in this action, the United States sought the forfeiture of specific property of the Defendant Shawnda Cordell, pursuant to 21 U.S.C. § 853 (a) (1), based on the conduct of Defendant Shawnda Cordell in Count Two of the Superseding Indictment, said conduct being: conspiracy to distribute and possess with intent to distribute more than 50 grams of cocaine base, commonly referred to as crack, a Schedule II controlled substance, in violation of 21 U.S.C. § 846, which property is fully described below ("the subject property"); and,
WHEREAS, on November 22, 2005, Defendant Shawnda Cordell entered a Plea of Guilty to Count One of the Superseding Indictment; and,
WHEREAS, in the Plea Agreement entered on November 21, 2005, Defendant Shawnda Cordell agreed to forfeit to the United States all right, title and interest she has in the subject property ($14, 566.00) as described in Forfeiture Count Three of the Superseding Indictment. Defendant Shawnda Cordell agreed not to contest the judicial and/or administrative forfeiture of the (currency) subject property. In addition, Defendant Shawnda Cordell agreed that the currency ($14,566.00) was obtained directly or indirectly from distributing controlled substances and/or constituted proceeds derived from the criminal activity alleged in Count One of the Superseding Indictment; and,
WHEREAS, by virtue of said Superseding Indictment, Guilty Plea and Plea Agreement the Court has determined that the requisite nexus exists between the subject property and Count One, that the subject property is forfeitable pursuant to 21 U.S.C. § 853(a) (1), and that the United States is now entitled to possession of the subject property.
Accordingly, it is hereby ORDERED, ADJUDGED AND DECREED:
1. That Defendant Shawnda Cordell shall forfeit to the United States the subject property, that is:
Fourteen Thousand Five Hundred Sixty-Six And 00/100 Dollars ($14,566.00) In United States Currency.
2. That the United States Marshals Service shall immediately seize the subject property and hold same in its secure custody and control.
3. That the United States is authorized to conduct any discovery proper in identifying, locating or disposing of the subject property in accordance with Fed.R.Crim.P. 32.2 (b) (3).
4. That the United States shall publish, in accordance with the provisions of 21 U.S.C. § 853, notice of this Order and notice of its intent to dispose of the subject property in such manner as the Attorney General may direct. Said notice shall be published once a week for three (3) consecutive weeks in a newspaper of general circulation within this district.
5. The United States may also, to the extent practicable, provide direct written notice to any person known to have alleged an interest in the subject property of this Order and its intent to dispose of the subject property, as a substitute for published notice as to those persons so notified.
6. That pursuant to Fed.R.Crim.P. 32.2 (b) (3), this Preliminary Order of Forfeiture shall become final as to Defendant Shawnda Cordell at the time of sentencing and shall be made part of the sentence and included in the judgment. If no third party files a timely claim, this Order shall become the Final Order of Forfeiture, as provided by Fed.R.Crim.P. 32.2 (c) (2).
7. That following the Court's disposition of all petitions filed pursuant to 21 U.S.C. § 853(n), or, if no such petitions are filed, following the expiration of the period for the filing of such petitions, the United States shall have clear title to the subject property.
8. The Court shall retain jurisdiction to enforce this Order, and to amend it as necessary, pursuant to Fed.R.Crim.P. 32.2 (e).
ORDERED.