Opinion
3:22-cr-115-RJC-DCK
05-18-2022
UNITED STATES OF AMERICA v. ERIC HAILEY PAYNE
DENA J. KING UNITED STATES ATTORNEY STEVEN R. KAUFMAN Assistant United States Attorney. ERIC HAILEY PAYNE Defendant. ROB HEROY ESQ. Attorney for Defendant.
DENA J. KING UNITED STATES ATTORNEY STEVEN R. KAUFMAN Assistant United States Attorney.
ERIC HAILEY PAYNE Defendant.
ROB HEROY ESQ. Attorney for Defendant.
ORDDR CONSENT AND JUDGMENT OF FORFEITURE PENDING RULE 32.2(C)(2)
HONORABLE DAVID ER UNITED STATES MAGISTRATE JUDGE.
BASED UPON the Defendant's plea of guilty and finding that there is a nexus between the property listed below and the offenses to which the Defendant has pled guilty and that the Defendant or any combination of Defendants in this case has or had a possessory interest or other legal interest in the property, IT IS HEREBY ORDERED THAT:
1. The following properly is forfeited to the United States pursuant to 21 U.S.C. § 853, 18 U.S.C. § 924 and/or 28 U.S.C. § 2461c, provided, however, that forfeiture of specific assets is subject to any and all third parly petitions under 21 U.S.C. § 853n, pending final adjudication herein:
One Mitchell Arms, Model American Eagle, 9mm handgun, serial number 4223, and ammunition, seized on or about November 3, 2021, during the investigation;
One Taurus, Model PT92AF, 9mm handgun, serial number TKE92566AFD, and ammunition, seized on or about November 3, 2021, during the investigation; and
One Tanfoglio, Model Combat Sport, 10 mm handgun, serial number EA94196 and ammunition seized on or about November 3, 2021, 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 assets.
3. If and to the extent required by Fed. R. Crim. P. 32.2b6, 21 U.S.C. § 853n, 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. 32.2b3, 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 properly, 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. 32.2c2, 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 assets constitute property derived from or traceable to proceeds of Defendant's crimes herein or property used in any manner to facilitate the commission of such offenses or constitute property involved in or used in the offenses and are therefore subject to forfeiture pursuant to 21 U.S.C. § 853, 18 U.S.C. § 924 and/or 28 U.S.C. § 2461c. The Defendant hereby waives the requirements of Fed. R. Crim. P. 32.2 and 43a 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 destraction.