Opinion
23CR2369-RSH
06-12-2024
UNITED STATES OF AMERICA, Plaintiff, v. ANTHONY ANGEL FLORES, Defendant.
PRELIMINARY ORDER OF CRIMINAL FORFEITURE
Honorable Robert S. Huie United States District Judge
WHEREAS, in the Superseding Information the United States sought forfeiture of all-right, title, and interest in all firearms and ammunition of Defendant ANTHONY ANGEL FLORES (“Defendant”), pursuant to Title 18, United States Code, Section 924(d), and Title 28, United States Code, Section 2461(c) as the firearm and ammunition involved in the commission of the offenses set forth in Counts 1 through 3 of the Superseding Information which alleges violations of Title 18, United States Code, Sections 924(c) and 1951 as charged in Counts 1 through 3 of the Superseding Information; and pursuant to Title 18, United States Code, Section 981(a)(1)(C), and Title 28, United States Code, Section 2461(c) as all property, real and personal, which constitutes and is derived from proceeds traceable to the violations set forth in Counts 1 and 2 of the Superseding Information which alleges violations of Title 18, United States Code, Sections 1951, as charged in Counts 1 and 2 of the Superseding Information; and
WHEREAS, on or about March 07, 2024, Defendant pled guilty before District Judge Karen S. Crawford to the offenses set forth in Counts 1 through 3 of the Superseding Information, charging the defendant with Interference with Commerce by Robbery and Use and Carry of a Firearm in Furtherance of a Crime of Violence, in violation of Title 18, United States Code, Sections 924(c) and 1951; consented to the forfeiture allegations of the Superseding Information, and agreed pursuant to Title 18, United States Code, Sections 924(d) and 981(a)(1)(C) and Title 28, United States Code, Section 2461(c), to forfeit all property seized in connection with this case including but not limited to the following:
a. One (1) 9mm privately made firearm; and
b. One (1) Firearm Magazine; and
c. Five (5) Rounds of 9mm Caliber Luger Ammunition; and
WHEREAS, on, March 22, 2024, this Court accepted the guilty pleas of Defendant; and
WHEREAS, by virtue of the facts set forth in the plea agreement and forfeiture addendum, the Court finds that the United States has established the requisite nexus between the forfeited firearm, magazine, and ammunition and the offenses; and, WHEREAS, by virtue of said guilty pleas, the United States is now entitled to possession of the above-referenced firearm, magazine, and ammunition, pursuant to Title 18, United States Code, Sections 924(d)(1) and 981(a)(1)(C), Title 28, United States Code, Section 2461(c), and Rule 32.2(b) of the Federal Rules of Criminal Procedure; and, WHEREAS, pursuant to Rule 32.2(b), the United States having requested the authority to take custody of the above-referenced firearm, magazine, and ammunition which are hereby found forfeitable by the Court; and
WHEREAS, the United States, having submitted the Order herein to the Defendant through his attorney of record, to review, and no objections having been received;
Accordingly, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:
1. Based upon the guilty pleas of the Defendant to Counts 1 through 3 of the Superseding Information, the United States is hereby authorized to take custody and control of the following firearm, magazine, and ammunition, and all right, title and interest of Defendant ANTHONY ANGEL FLORES in the firearm, magazine, and ammunition are hereby forfeited to the United States pursuant to Title 18, United States Code, Sections 924(d)(1) and 981(a)(1)(C), and Title 28, United States Code, Section 2461(c) for disposition in accordance with the law, subject to the provisions of 21 U.S.C. § 853(n):
a. One (1) 9mm privately made firearm; and
b. One (1) Firearm Magazine; and
c. Five (5) Rounds of 9mm Caliber Luger Ammunition.
2. The aforementioned forfeited assets are to be held by the Federal Bureau of Investigation in its secure custody and control.
3. Pursuant to Rule 32.2(b) and (c), the United States is hereby authorized to begin proceedings consistent with any statutory requirements pertaining to ancillary hearings and rights of third parties. The Court shall conduct ancillary proceedings as the Court deems appropriate only upon the receipt of timely third-party petitions filed with the Court and served upon the United States. The Court may determine any petition without the need for further hearings upon the receipt of the Government's response to any petition. The Court may enter an amended order without further notice to the parties.
4. Pursuant to the Attorney General's authority under Section 853(n)(1) of Title 21, United States Code, Rule 32.2(b)(6), Fed. R. Crim. P., and Rule G(4) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, the United States forthwith shall publish for thirty (30) consecutive days on the Government's forfeiture website, www.forfeiture.gov, notice of this Order, notice of the United States' intent to dispose of the firearm, magazine, and ammunition in such manner as the Attorney General may direct, and notice that any person, other than the Defendant, having or claiming a legal interest in the above-listed forfeited firearm, magazine, and ammunition must file a petition with the Court within thirty (30) days of the final publication of notice or of receipt of actual notice, whichever is earlier.
5. This notice shall state that the petition shall be for a hearing to adjudicate the validity of the petitioner's alleged interest in the firearm, magaz' le, and ammunition, shall be signed by the petitioner under penalty of perjury, and shall set forth the nature and extent of the petitioner's right, title, or interest in the forfeited firearm, magazine, and ammunition and any additional facts supporting the petitioner's claim and the relief sought.
6. The United States shall also, to the extent practicable, provide direct written notice to any person known to have alleged an interest in the firearm, magazine, and ammunition that are the subject of the Preliminary Order of Criminal Forfeiture, as a substitute for published notice as to those persons so notified.
7. Upon adjudication of all third-party interests, this Court will enter an Amended Order of Forfeiture pursuant to Title 21 U.S.C. § 853(n) as to the aforementioned assets, in which all interests will be addressed.
8. Pursuant to Rule 32.2(b)(4), this Order of Forfeiture shall be made final as to the Defendant at the time of sentencing and is part of the sentence and included in the judgement.
IT IS SO ORDERED.