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United States v. Venerable

United States District Court, D. Nevada

April 2, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
RANDALL ERVIN VENERABLE, Defendant.

          PRELIMINARY ORDER OF FORFEITURE

          HONORABLE RICHARD F. BOULWARE, II, UNITED STATES DISTRICT JUDGE.

         This Court finds Randall Ervin Venerable pled guilty to Counts 3-5, 7, 8, and 11 of a 13-Count Criminal Indictment charging him in Counts 3 and 4 with distribution of a controlled substance (methamphetamine) in violation of 21 U.S.C. § 841(a)(1); in Count 5 with possession of a controlled substance with intent to distribute (heroin) in violation of 21 U.S.C. § 841(a)(1); in Count 7 with possession of a controlled substance with intent to distribute (methamphetamine) in violation of 21 U.S.C. § 841(a)(1); in Count 8 with possession of a firearm in furtherance of a drug trafficking crime in violation of 18 U.S.C. § 924(c)(1)(A)(i); and in Count 11 with possession of a controlled substance with intent to distribute (cocaine) in violation of 21 U.S.C. § 841(a)(1). Criminal Indictment, ECF No. 1; Change of Plea, ECF No.39; Plea Agreement, ECF No.40

         This Court finds Randall Ervin Venerable 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. 1; Change of Plea, ECF No. 39; Plea Agreement, ECF No. 40.

         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 Randall Ervin Venerable pled guilty.

         The following property is (1) any firearm or ammunition involved in or used in any knowing violations of 18 U.S.C. § 924(c)(1)(A)(i), or any violation of any other criminal law of the United States, 21 U.S.C. § 841(a)(1); (2) any firearm or ammunition intended to be used in any offense punishable under the Controlled Substances Act, 21 U.S.C. § 841(a)(1); (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 violation of 21 U.S.C. § 841(a)(1); (4) any property constituting, or derived from, any proceeds obtained, directly or indirectly, as the result of violations of 21 U.S.C, § 841(a)(1); (5) any property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of 21 U.S.C. § 841(a)(1); (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 violation of 21 U.S.C. § 841(a)(1), 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 21 U.S.C. § 841(a)(1); and (7) any property, real or personal, which constitutes or is derived from proceeds traceable to violations of 21 U.S.C. § 841(a)(1), a specified unlawful activity as defined in 18 U.S.C. §§ 1956(c)(7)(A) and l96l(1)(D), or a conspiracy to commit such offense, and is subject to forfeiture pursuant to 18 U.S.C. § 924(d)(1) with 28 U.S.C. § 2461(c); 18 U.S.C. § 924(d)(1), (2)(C), and (3)(B) with 28 U.S.C. § 2461(c); 21 U.S.C. § 88l(a)(ll) with 28 U.S.C. § 2461(c); 21 U.S.C. § 853(a)(1) and 853(a)(2); 21 U.S.C. § 881(a)(6) with 28 U.S.C. § 2461(c); 18 U.S.C. § 981(a)(1)(C) with 28 U.S.C. § 2461(c); and 21 U.S.C. § 853(p):

1. Black and Silver Sig Sauer P238, s/n 27B121279, .380 Caliber;
2. Black Smith and Wesson Shield, s/n HKN5739, .40 Caliber;
3. $6, 694.00 U.S. Currency (from Venerable's residence);
4. $2, 917.25 U.S. currency (from Venerable's car); and
5. any and all ammunition

(all of which constitutes property).

         This Court finds that the United States of America may amend this order at any time to add subsequently located property or substitute property to the forfeiture order pursuant to Fed. R. Crim. P. 32.2(b)(2)(C) and 32.2(e).

         This Court finds the United States of America is now entitled to, and should, reduce the aforementioned property to the possession of the United States of America.

         NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the United States of America should ...


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