United States v. Dulus

          JACK BUCHANAN Counsel for Jamie Joe Dulus

          DAYLE ELIESON United States Attorney ELHAM ROOHANI Assistant United States Attorney

          STIPULATION TO MODIFY THE PLEA AGREEMENT (ECF NO. 26) AS TO JAMIE JOE DULUS AND ORDER

         The United States of America and Jamie Joe Dulus (defendant) and his counsel, Jack E. Buchanan, agree as follows:

         1. The government and Jamie Joe Dulus seek to modify the Plea Agreement (ECF No. 26) to add property to be forfeited. The Plea Agreement will remain in effect as to all other aspects of the agreement. All waivers and agreements in the Plea Agreement will be in effect for the property listed below.

         2. The following property is (1) any firearm or ammunition involved in or used in any knowing violation of Title 18, United States Code, Section 924(c)(1)(A), or any violation of any criminal law of the United States, Title 18, United States Code, Section 113(a)(3) and (2) any firearm or ammunition intended to be used in any crime of violence, Title 18, United States Code, Sections 113(a)(3) and 924(c)(1)(A), and is subject to forfeiture pursuant to Title 18, United States Code, Section 924(d)(1) with Title 28, United States Code. Section 2461(c) and Title 18, United States Code, Section 924(d)(1), (2)(C), and (3)(A) with Title 28. United States Code, Section 2461(c): Raven handgun .25 caliber, serial number 545568 (property).

         3. The defendant knowingly and voluntarily agrees to the District Court imposing the civil judicial forfeiture or the criminal forfeiture of: Raven handgun .25 caliber, serial number 545568 (property).

         4. The defendant knowingly and voluntarily agrees to the abandonment, the civil administrative forfeiture, the civil judicial forfeiture, or the criminal forfeiture of the property.

         5. The defendant knowingly and voluntarily abandons or forfeits the property to the United States.

         6. The defendant knowingly and voluntarily relinquishes all possessory rights, ownership rights, and all rights, titles, and interests in the property.

         7. The defendant knowingly and voluntarily waives his right to any abandonment proceedings, any civil administrative forfeiture proceedings, any civil judicial forfeiture proceedings, or any criminal forfeiture proceedings of the property (proceedings).

         8. The defendant knowingly and voluntarily waives service of process of any and all documents filed in this action or any proceedings concerning the property arising from the facts and circumstances of this case.

         9. The defendant knowingly and voluntarily waives any further notice to him, his agents, or his attorney regarding the abandonment or the forfeiture and disposition of the property.

         10. The defendant knowingly and voluntarily agrees not to file any claim, answer, petition, or other documents in any proceedings concerning the property.

         11. The defendant knowingly and voluntarily waives the statute of limitations, the CAFRA requirements, Fed. R. Crim. P. 7, 11, and 32.2, all constitutional requirements, including but not limited to, the constitutional ...