Opinion
3:20-cr-38-FDW
09-29-2022
UNITED STATES OF AMERICA v. DUSTIN BLAIR HENRY
DENA J. KING UNITED STATES ATTORNEY STEVEN R. KAUFMAN Assistant United States Attorney DUSTIN BLAIR HENRY Defendant DENZIL FORRESTER, ESQ. Attorney for Defendant
DENA J. KING UNITED STATES ATTORNEY STEVEN R. KAUFMAN Assistant United States Attorney DUSTIN BLAIR HENRY Defendant
DENZIL FORRESTER, ESQ. Attorney for Defendant
CONSENT ORDER AND JUDGMENT OF FORFEITURE PENDING RULE 32.2(C)(2)
THE HONORABLE FRANK D. WHITNEY UNITED STATES DISTRICT JUDGE
1. The following property is forfeited to the United States pursuant to 18 U.S.C. § 924 and/or 28 U.S.C. § 2461(c), provided, however, that forfeiture of specific assets is subject to any and all third party petitions under 21 U.S.C. § 853(n), pending final adjudication herein:
The Bill of Information incorrectly listed the seizure date in the forfeiture section as September 20, 2019.
One Phoenix Arms, Model HP22, .22 caliber pistol, serial number 4391328, and ammunition, seized on or about January 29, 2019 during the investigation;
One Charter Arms, Model Undercover, .38 caliber revolver, serial number 989217 and ammunition, seized on or about January 29, 2019 during the investigation; and
One Remington Arms, Modell911 RIS, .45 caliber pistol, serial number RH65861A, and ammunition, seized on or about January 29, 2019 during the investigation; and
One Thompson Arms, .50 caliber muzzle-loading rifle, serial number R73439, and ammunition, seized on or about January 29, 2019 during the investigation.
2. The United States Marshals Service, the investigative agency, and/or the agency contractor is authorized to take possession and maintain custody of the above specific asset(s).
3. If and to the extent required by Fed. R. Crim. P. 32.2(b)(6), 21 U.S.C. § 853(n), and/or other applicable law, the United States shall publish notice and provide direct written notice of forfeiture.
4. Any person, other than the Defendant, asserting any legal interest in the property may, within thirty days of the publication of notice or the receipt of notice, whichever is earlier, petition the court for a hearing to adjudicate the validity of the alleged interest.
5. Pursuant to Fed. R. Crim. P. 32.2(b)(3), upon entry of this order, the United States Attorney's Office is authorized to conduct any discovery needed to identify, locate, or dispose of the property, including depositions, interrogatories, and request for production of documents, and to issue subpoenas pursuant to Fed.R.Civ.P. 45.
6. As to any specific assets, following the Court's disposition of all timely petitions, a final order of forfeiture shall be entered. If no third party files a timely petition, this order shall become the final order of forfeiture, as provided by Fed. R. Crim. P. 32.2(c)(2), and the United States shall have clear title to the property, and shall dispose of the property according to law.
The parties stipulate and agree that the aforementioned asset(s) constitute property derived from or property used in any manner to facilitate the commission of such offense(s) and are therefore subject to forfeiture pursuant to 18 U.S.C. § 924 and/or 28 U.S.C. § 2461(c). The Defendant hereby waives the requirements of Fed. R. Crim. P. 32.2 and 43(a) 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. If the Defendant has previously submitted a claim in response to an administrative forfeiture proceeding regarding any of this property, Defendant hereby withdraws that claim. If Defendant has not previously submitted such a claim, Defendant hereby waives all right to do so. As to any firearms listed above and/or in the charging instrument, Defendant consents to destruction by federal, state, or local law enforcement authorities upon such legal process as they, in their sole discretion deem to legally sufficient, and waives any and all right to further notice of such process or such destruction.