Opinion
CRIMINAL ACTION NO. 5:08cr10-DCB-JCS.
September 15, 2008
ORDER
This cause is before the Court on the Motion of the United States to Bifurcate Guilt and Forfeiture Issues at Trial [ docket entry no. 16] and the Government's Motion to Dismiss Count 2 [ docket entry no. 17]. Having carefully considered the Motions, applicable statutory and case law, and being otherwise fully advised in the premises, the Court finds and orders as follows:
On March 19, 2008, the defendant Luther M. Vine ("Vine") was indicted under 18 U.S.C. §§ 922(g)(1) and 924(a)(2) for being a convicted felon in knowing possession of ammunition. Additionally, the government sought forfeiture under 18 U.S.C. § 924(d)(1) of several firearms and ammunition.
Trial in the case is set for September 23, 2008. On the morning of September 15, 2008, the Government filed a Motion to Bifurcate the Guilt and Forfeiture Issues at Trial. Later the same day, the Government filed a Motion to Dismiss Count 2 of the indictment, which pertains to the forfeiture issue. The Court finds the Government's Motion to Dismiss Count 2 to be well-taken. Accordingly, IT IS HEREBY ORDERED that Government's Motion to Dismiss Count 2 [ docket entry no. 17] is GRANTED. IT IS FURTHER ORDERED that the Motion of the United States to Bifurcate Guilt and Forfeiture Issues at Trial [docket entry no. 16] is DENIED AS MOOT.
SO ORDERED.