Property Forfeited by Webb

download Property Forfeited by Webb

of 7

Transcript of Property Forfeited by Webb

  • 7/30/2019 Property Forfeited by Webb

    1/7

    Motion For Issuance Of A Final Order of Forfeiture Page 1

    IN THE UNITED STATES DISTRICT COURT

    FOR THE EASTERN DISTRICT OF TEXAS

    LUFKIN DIVISION

    UNITED STATES OF AMERICA

    v. NO. 9:12CR5

    Judge Ron Clark

    DAVID BRIAN WEBB

    MOTION FOR ISSUANCE OF A

    FINAL ORDER OF FORFEITURE

    The United States of America, by and through the United States Attorney for the

    Eastern District of Texas, and the undersigned Assistant United States Attorney, and

    respectfully moves this Court for a Final Order of Forfeiture in the above-styled case. In

    support of, the United States would show the following:

    1. On May 3, 2012 this Court entered a Preliminary Order of Forfeiture,

    forfeiting to the United States the defendant's interest in the following property pursuant

    to 18 U.S.C. 1028(g), (h) and 21 U.S.C. 853.

    Personal Property

    1. A set of credentials for the United States Drug Enforcement

    Administration;

    2. An United States Drug Enforcement badge;

    3. CMMG Inc. rifle, model MOD4, .223 caliber, bearing serial number

    A9950;

    4. Seven (7) .223 caliber magazines;

    5. One hundred fifty (150) live rounds of .223 ammunition;

    6. FNH shotgun, model FN TPS, 12 gauge, bearing serial number

    FL104321;

    Case 9:12-cr-00005-RC-KFG Document 35 Filed 11/08/12 Page 1 of 4 PageID #: 142

  • 7/30/2019 Property Forfeited by Webb

    2/7

    Motion For Issuance Of A Final Order of Forfeiture Page 2

    7. Thirty-five (35) rounds of live 12 gauge ammunition;

    8. Sixty-four (64) rounds of live 9mm ammunition;

    9. Seven (7) rounds of live .45 caliber ammunition;

    10. One hundred one (101) rounds of live .40 caliber ammunition;

    11. Three (3) .40 caliber magazines;

    12. CZ pistol, model CZ75 B, .40 caliber, bearing serial number

    A7953X;

    13. Eighteen (18) rounds of live .40 caliber ammunition;

    14. Two (2) .40 caliber magazines;

    15. Springfield Armory pistol, model XDM, .40 caliber, bearing serial

    number MG193878; and

    16. Any and all other associated ammunition.

    Conveyance

    A black 2011 Dodge Charger equipped with a "Police Interceptor" package,including LED lights, siren, dash camera video recorder, radio, scanner, and

    post mount LED spotlights.

    2. The United States posted notice of the forfeiture on an official government

    internet site (www.forfeiture.gov) for at least 30 consecutive days beginning May 11,

    2012 and ending on June 9, 2012, as required by 21 U.S.C. 853(n)(1), Rule

    G(4)(a)(iv)(C) of the Supplemental Rules for Admiralty or Maritime Claims and Asset

    Forfeiture Actions, and the Attorney General's authority to determine the manner of

    publication of an order of forfeiture in a criminal case.

    Case 9:12-cr-00005-RC-KFG Document 35 Filed 11/08/12 Page 2 of 4 PageID #: 143

  • 7/30/2019 Property Forfeited by Webb

    3/7

    Motion For Issuance Of A Final Order of Forfeiture Page 3

    3. No party has made a claim to or declared any interest in the above-

    described forfeited property.

    The United States moves this Court for a Final Order of Forfeiture declaring the

    aforementioned property forfeited as to all parties and vesting full right, title and interest

    in the property to the United States and directing the United States and/or the custodial

    agency to dispose of the property according to law.

    Respectfully submitted,

    JOHN M. BALES

    UNITED STATES ATTORNEY

    /s/ Reynaldo P. Morin

    Reynaldo P. Morin

    Assistant United States Attorney

    Texas Bar No. 000789504

    Eastern District of Texas

    415 S. First Street, Suite 201

    Lufkin, Texas 75901

    (936) 639-4003

    (936) 639-4033 (fax)[email protected]

    CERTIFICATE OF SERVICE

    I certify that a copy of the foregoing Motion for Issuance of a Final Order of

    Forfeiture has been delivered via CM/ECF system to George D. Murphy, Jr., attorney for

    defendant, on November 8, 2012.

    Case 9:12-cr-00005-RC-KFG Document 35 Filed 11/08/12 Page 3 of 4 PageID #: 144

  • 7/30/2019 Property Forfeited by Webb

    4/7

    Motion For Issuance Of A Final Order of Forfeiture Page 4

    CERTIFICATE OF CONFERENCE

    I certify that George D. Murphy, Jr., attorney for defendant, is aware the

    Government is filing this Motion for Issuance of a Final Order of Forfeiture and proposed

    Order.

    /s/ Reynaldo P. Morin

    REYNALDO P. MORIN

    Assistant United States Attorney

    Case 9:12-cr-00005-RC-KFG Document 35 Filed 11/08/12 Page 4 of 4 PageID #: 145

  • 7/30/2019 Property Forfeited by Webb

    5/7

    Final Order of Forfeiture Page 1

    IN THE UNITED STATES DISTRICT COURT

    FOR THE EASTERN DISTRICT OF TEXAS

    LUFKIN DIVISION

    UNITED STATES OF AMERICA

    v. NO. 9:12CR5

    Judge Ron Clark

    DAVID BRIAN WEBB

    FINAL ORDER OF FORFEITURE

    On May 3, 2012, this Court entered a Preliminary Order of Forfeiture pursuant to

    the provisions of 18 U.S.C. 1028(g), (h) and 21 U.S.C. 853:

    The United States posted notice of the forfeiture on an official government internet

    site (www.forfeiture.gov) for at least 30 consecutive days, beginning on May 11, 2012,

    and ending on June 9, 2012, as required by 21 U.S.C. 853(n)(1), Rule G(4)(a)(iv)(C) of

    the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions,

    and the Attorney General's authority to determine the manner of publication of an order

    of forfeiture in a criminal case;

    It appears from the record that no claims, contested or otherwise, have been filed

    for the property described in this Court's Preliminary Order of Forfeiture.

    It is ORDERED, ADJUDGED and DECREED:

    1. That the right, title and interest to all of the hereinafter described propertyof the defendant named is condemned, forfeited and vested in the United

    States of America, and shall be disposed of according to law:

    Case 9:12-cr-00005-RC-KFG Document 35-1 Filed 11/08/12 Page 1 of 3 PageID #: 146

  • 7/30/2019 Property Forfeited by Webb

    6/7

    Final Order of Forfeiture Page 2

    Personal Property

    1. A set of credentials for the United States Drug Enforcement

    Administration;

    2. An United States Drug Enforcement badge;

    3. CMMG Inc. rifle, model MOD4, .223 caliber, bearing serial number

    A9950;

    4. Seven (7) .223 caliber magazines;

    5. One hundred fifty (150) live rounds of .223 ammunition;

    6. FNH shotgun, model FN TPS, 12 gauge, bearing serial number

    FL104321;

    7. Thirty-five (35) rounds of live 12 gauge ammunition;

    8. Sixty-four (64) rounds of live 9mm ammunition;

    9. Seven (7) rounds of live .45 caliber ammunition;

    10. One hundred one (101) rounds of live .40 caliber ammunition;

    11. Three (3) .40 caliber magazines;

    12. CZ pistol, model CZ75 B, .40 caliber, bearing serial number

    A7953X;

    13. Eighteen (18) rounds of live .40 caliber ammunition;

    14. Two (2) .40 caliber magazines;

    15. Springfield Armory pistol, model XDM, .40 caliber, bearing serial

    number MG193878; and

    16. Any and all other associated ammunition.

    Conveyance

    A black 2011 Dodge Charger equipped with a "Police Interceptor" package,

    including LED lights, siren, dash camera video recorder, radio, scanner, and

    Case 9:12-cr-00005-RC-KFG Document 35-1 Filed 11/08/12 Page 2 of 3 PageID #: 147

  • 7/30/2019 Property Forfeited by Webb

    7/7

    Final Order of Forfeiture Page 3

    post mount LED spotlights.

    2. That the forfeited property shall be disposed of by the United States and/or the

    custodial agency in such manner as the United States Attorney General may direct.

    Case 9:12-cr-00005-RC-KFG Document 35-1 Filed 11/08/12 Page 3 of 3 PageID #: 148