Opinion
1:23-CR-00008
01-05-2024
UNITED STATES OF AMERICA v. BRANDON KEITH HARDY
BENJAMIN BAIN-CREED, Assistant United States Attorney BRANDON KEITH HARDY, Defendant JOEL DAVID SCHECHET, Attorney for Defendant
BENJAMIN BAIN-CREED, Assistant United States Attorney
BRANDON KEITH HARDY, Defendant
JOEL DAVID SCHECHET, Attorney for Defendant
CONSENT ORDER AND JUDGMENT OF FORFEITURE
MARTIN REIDINGER, CHIEF UNITED STATES DISTRICT JUDGE.
WHEREAS, the defendant, BRANDON KEITH HARDY, has been found guilty in a trial by jury of one or more criminal offenses under which forfeiture may be ordered;
WHEREAS, the defendant and the United States stipulate and agree that the property described below constitutes property derived from or traceable to proceeds of the defendant's offense(s) herein; property involved in the offenses, or any property traceable to such property; and/or property used in any manner to facilitate the commission of such offense(s); or substitute property as defined by 21 U.S.C. § 853(p) and Fed. R. Crim. P. 32.2(e); and is therefore subject to forfeiture pursuant to 18 U.S.C. § 2253, provided, however, that such forfeiture is subject to any and all third party claims and interests, pending final adjudication herein; the defendant waives his interest, if any, in the property and agrees to the forfeiture of such interest;
WHEREAS, the defendant herein waives the requirements of Fed. R, Crim. P. 32.2 regarding notice of the forfeiture in the charging instrument, announcement of the forfeiture at sentencing, and incorporation of the forfeiture in the judgment against defendant;
WHEREAS, pursuant to Fed. R. Crim. P. 32.2(b)(1) & (c)(2), the Court finds that there is the requisite nexus between the property and the offense(s) to which the defendant has pleaded guilty and that the defendant has a legal or possessory interest in the property;
Pursuant to Fed. R. Crim. P. 32.2(b)(4)(A), the defendant consents that this order shall be final as to defendant upon filing.
SO AGREED.