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United States v. Skaggs

United States District Court, D. Nevada

November 4, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
CHARLES ANTHONY SKAGGS, Defendant.

          PRELIMINARY ORDER OF FORFEITURE

          HONORABLE MIRANDA M. DU UNITED STATES DISTRICT JUDGE

         This Court finds Charles Anthony Skaggs pled guilty to Count Two of a Three-Count Indictment charging him with felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). Indictment, ECF No. 1; Change of Plea, ECF No. 25; Plea Agreement, ECF No. 26.

         This Court finds Charles Anthony Skaggs agreed to the forfeiture of the property set forth in the Plea Agreement and the Forfeiture Allegation of the Indictment. Indictment, ECF No. 1; Change of Plea, ECF No. 25; Plea Agreement, ECF No. 26.

         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 Allegation of the Indictment and the offense to which Charles Anthony Skaggs pled guilty.

         The following property is any firearm or ammunition involved in or used in any knowing violation of 18 U.S.C. § 922(g)(1), and is subject to forfeiture pursuant to 18 U.S.C. § 924(d)(1) with 28 U.S.C. § 2461(c):

1. Jimenez, model JA 380, .380 caliber pistol bearing serial number 437265 with extra magazine;
2. .380 Winchester ammunition;
3. .380 Federal ammunition; and
4. 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 seize the aforementioned property.

         IT IS FURTHER ORDERED, ADJUDGED, AND DECREED all possessory rights, ownership rights, and all rights, titles, and interests of Charles Anthony Skaggs in the aforementioned property are forfeited and are vested in the United States of America and shall be ...


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