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United States v. Ramirez

United States District Court, D. Nevada

September 25, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
MARCO ANTONIO RAMIREZ, a/k/a Anthony, Defendant.

          PRELIMINARY ORDER OF FORFEITURE

          HONORABLE MIRANDA M. DU, UNITED STATES DISTRICT JUDGE

         This Court finds Marco Antonio Ramirez, a/k/a Anthony, pled guilty to Count 1 of a 14-Count Superseding Indictment charging him with conspiracy to possess with intent to distribute and to distribute at least 50 grams of actual methamphetamine in violation of 21 U.S.C. §§ 841(a)(1) and 846. Superseding Indictment, ECF No. 192; Plea Agreement, ECF No. 400; Change of Plea, ECF No. 402.

         This Court finds Marco Antonio Ramirez, a/k/a Anthony, agreed to the forfeiture of the property set forth in the Plea Agreement, the Second Bill of Particulars, and the Forfeiture Allegation of the Superseding Indictment. Superseding Indictment, ECF No. 192; Second Bill of Particulars, ECF No. 236; Plea Agreement, ECF No. 400; Change of Plea, ECF No. 402.

         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, the Second Bill of Particulars, and the Forfeiture Allegation of the Superseding Indictment and the offense to which Marco Antonio Ramirez, a/k/a Anthony, pled guilty.

         The following property is (1) 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) and 846 and (2) any property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of violations of 21 U.S.C. §§ 841(a)(1) and 846, and is subject to forfeiture pursuant to 21 U.S.C. § 853(a)(1), 853(a)(2), and 853(p):

1. $1, 000.00 in U.S. Currency seized from Alberto Acosta-Macias at 3503 Postre Ct.;
2. $213.00 in U.S. Currency seized from Jose Mora at 460 E. Grove St.;
3. $607.00 in U.S. Currency seized from Shawn Curl at 4986 S. Virginia St.;
4. $996.00 in U.S. Currency seized from Shawn Curl at 18119 Cherry Leaf Ct.;
5. $2, 750.00 in U.S. Currency seized from Shawn Curl at 18119 Cherry Leaf Ct.;
6. $16, 021.00 in U.S. Currency seized from Shawn Curl at 18119 Cherry Leaf Ct.; and
7. $3, 785.00 in U.S. Currency seized from Shawn Curl at 18119 Cherry Leaf Ct. (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 ...


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