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United States v. Spinabella

United States District Court, D. Nevada

April 30, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
RONALD A. SPINABELLA, JR., Defendant.

          PRELIMINARY ORDER OF FORFEITURE

         This Court finds that defendant Ronald A. Spinabella, Jr., pled guilty to Counts One and Three of a Three-Count Criminal Indictment charging him in Count One with Conspiracy to Manufacture and Distribute a Controlled Substance Analogue in violation of Title 21, United States Code, Sections 841(a)(1) and 846 and in Count Three with Money Laundering Conspiracy in violation of Title 18, United States Code, Section 1956(a)(1)(A)(i) and (h). Criminal Indictment, ECF No. 10; Change of Plea, ECF No. ___; Plea Agreement, ECF No.___ .

         This Court finds defendant Ronald A. Spinabella, Jr., agreed to the forfeiture of the property set forth in the Plea Agreement and the Forfeiture Allegations of the Criminal Indictment. Criminal Indictment, ECF No. 10; Change of Plea, ECF No.; Plea Agreement, ECFNo.___.

         This Court finds, pursuant to Fed. R. Crim. P. 32.2(b)(1) and (2), the United States of America has shown the requisite nexus between property set forth in the Plea Agreement and the Forfeiture Allegations of the Criminal Indictment and the offenses to which defendant Ronald A. Spinabella, Jr., pled guilty.

         The following property is

         (1) any firearm or ammunition involved in or used in any violation of any other criminal law of the United States, Title 18, United States Code, Section 1956(a)(1)(A)(i) and (h) and Title 21, United States Code, Sections 841(a)(1) and 846;

         (2) any firearm or ammunition intended to be used in any offense punishable under the Controlled Substances Act, Title 21, United States Code, Sections 841(a)(1) and 846;

         (3) any firearm used or intended to be used to facilitate the transportation, sale, receipt, possession, or concealment of property and any proceeds traceable to such property in violations of Title 21, United States Code, Section 841(a)(1) and 846;

         (4) any property constituting, or derived from, any proceeds obtained, directly or indirectly, as the result of violations of Title 21, United States Code, Sections 841(a)(1) and 846;

         (5) any property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of violations of Title 21, United States Code, Sections 841(a)(1) and 846;

         (6) all moneys, negotiable instruments, securities, or other things of value furnished or intended to be furnished in exchange for a controlled substance or listed chemical in violations of Title 21, United States Code, Sections 841(a)(1) and 846, all proceeds traceable to such an exchange, and all moneys, negotiable instruments, and securities used or intended to be used to facilitate any violation of Title 21, United States Code, Sections 841(a)(1) and 846;

         (7) any property, real or personal, which constitutes or is derived from proceeds traceable to violations of Title 21, United States Code, Section 841(a)(1), a specified unlawful activity as defined in Title 18, United States Code, Sections 1956(c)(7)(A) and 1961(1)(D), or Title 21, United States Code, Section 846, conspiracy to commit such offense and Title 18, United States Code, Section 1956(a)(1)(A)(i), a specified unlawful activity as defined in Title 18, United States Code, Sections 1956(c)(7)(A) and 1961(1)(B), or Title 18, United States Code, Section 1956(h), conspiracy to commit such offense;

         (8) any property, real or personal, involved in transactions or attempted transactions in violation of Title 18, United States Code, Section 1956(a)(1)(A)(i) and Title 18, United States Code, Section 1956(h), or any property traceable to such property; and

         (9) any property, real or personal, involved in violations of Title 18, United States Code, Section 1956(a)(1)(A)(i) and Title 18, United States Code, Section 1956(h), or any property traceable to such property, 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); Title 18, United States Code, Section 924(d)(1), (2)(C), and (3)(B) with Title 28, United States Code, Section 2461(c); Title 21, United States Code, Section 881(a)(l 1) with Title 28, United States Code, Section 2461(c); Title 21, United States Code, Section 853(a)(1); Title 21, United States Code, Section 853(a)(2); Title 21, United States Code, Section 881(a)(6) with Title 28, United States Code, Section 2461(c); Title 18, United States Code, Section 981(a)(1)(C) with Title 28, United States Code, Section 2461(c); Title 18, United States Code, Section 981(a)(1)(A) with Title 28, United States Code, Section 2461(c); and Title 18, United States Code, Section 982(a)(1):

1. 2014 Blue Chevrolet Corvette, Vehicle identification Number 1G1YD2D77E5133075, bearing Nevada license plate number 021-ZAM, registered ...

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