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United States v. Scott

United States District Court, D. Nevada

January 9, 2020

UNITED STATES OF AMERICA, Plaintiff,
v.
DEMETRIUS SCOTT, Defendant.

          AMENDED PRELIMINARY ORDER OF FORFEITURE

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

         This Court finds Demetrius Scott pied guilty to Count One of a One-Count Superseding Criminal Information charging him with felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). Superseding Criminal Information, ECF No. 24; Plea Agreement, ECF No. 26; Arraignment and Plea, ECF No. 28.

         This Court finds Demetrius Scott agreed to the forfeiture of the property set forth in the Plea Agreement and the Forfeiture Allegation of the Superseding Criminal Information. Superseding Criminal Information, ECF No. 24; Plea Agreement, ECF No. 26; Arraignment and Plea, ECF No. 28.

         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 Superseding Criminal Information and the offense to which Demetrius Scott pied 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. a Raven Arms model MP-25.25 caliber semiautomatic pistol, serial number 1670296;
2. 7 rounds of .25 caliber ammunition; and
3. 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 Demetrius Scott in the aforementioned property are forfeited and are vested in the United States of America and shall be safely held by the United States of America until further order of the Court.

         IT IS FURTHER ORDERED, ADJUDGED, AND DECREED the United States of America shall publish for at least thirty (30) consecutive days on the official internet government forfeiture website, www.forfeiture.gov, notice of this Order, which shall describe the forfeited property, state the time under the applicable statute when a petition contesting the forfeiture must be filed, and state the name and contact information for the ...


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