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United States v. Curl

United States District Court, D. Nevada

November 5, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
SHAWN R. CURL, Defendant.

          PRELIMINARY ORDER OF FORFEITURE

          HONORABLE MIRANDA M. DU UNITED STATES DISTRICT JUDGE

         This Court finds Shawn R. Curl pled guilty to the following:

         As to the Superseding Information in 3:18-CR-057-MMD-WGC (057), Count One of a One-Count Superseding Information charging him with conspiracy to possess with intent to distribute and to distribute at least 50 grams of a mixture and substance containing a detectable amount of methamphetamine in violation of 21 U.S.C. §§ 841(a)(1) and 846. Superseding Information, ECF No. 502; Plea Agreement, ECF No. 504; Arraignment & Plea, ECF No. 509.

         As to the Superseding Indictment in 3:19-CR-006-MMD-WGC (006), Count One of a One-Count Superseding Indictment charging him with possession of a firearm by a prohibited person in violation of 18 U.S.C. § 922(g)(1). Superseding Indictment, ECF No. 31; Plea Agreement, ECF No. 40; Change of Plea, ECF No. 42.

         This Court finds Shawn R. Curl agreed to the forfeiture of the property set forth in the Plea Agreement, the Forfeiture Allegation of the Superseding Information (057), the Bill of Particulars (006), and the Forfeiture Allegation of the Superseding Indictment (006). Superseding Information (057), ECF No. 502; Plea Agreement (057), ECF No. 504; Arraignment and Plea (057), ECF No. 509; Superseding Indictment (006), ECF No. 31; Bill of Particulars (006), ECF No. 36; Plea Agreement (006), ECF No. 40; Change of Plea (006), ECF No. 42.

         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 Forfeiture Allegation of the Superseding Information (057), the Bill of Particulars (006), and the Forfeiture Allegation of the Superseding Indictment (006) and the offenses to which Shawn R. Curl pled guilty.

         The following property in 3:18-CR-057-MMD-WGC is (1) 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 1961(1)(D), or 21 U.S.C. § 846, conspiracy to commit such offense; (2) 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; (3) 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 (4) 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) 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 21 U.S.C. §§ 841(a)(1) and 846, and is subject to forfeiture pursuant to 18 U.S.C. § 981(a)(1)(C) with 28 U.S.C. § 2461(c); 21 U.S.C. § 853(a)(1); 21 U.S.C. § 853(a)(2); 21 U.S.C. § 853(p); and 21 U.S.C. § 881(a)(6) with 28 U.S.C. § 2461(c):

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. and

         The following property in 3:19-CR-006-MMD-WGC 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 ...


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