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United States of America v. Anthony Cabrera

December 6, 2011

UNITED STATES OF AMERICA
v.
ANTHONY CABRERA



PRELIMINARY ORDER OF FORFEITURE

Before the Court is the United States' Motion for a Preliminary Order of Forfeiture (Doc. 24), which, at sentencing, will be a final order of forfeiture as to defendant Anthony Cabrera's right, title, and interest in the following firearm: a Glock GMBH 26, 9 mm semi-automatic pistol, bearing serial number MKD048.

Being fully advised in the premises, the Court finds as follows:

WHEREAS, the defendant has been convicted of being a convicted felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1); and

WHEREAS, the United States has established the requisite nexus between the defendant's crime of conviction and the property identified above, the government is now entitled to possession of the firearm and ammunition, pursuant to the provisions of 18 U.S.C. § 924(d)(1), 28 U.S.C. § 2461(c), and Federal Rule of Criminal Procedure 32.2(b)(2). Accordingly, it is hereby

ORDERED and ADJUDGED that:

1. The Motion (Doc. 24) of the United States is hereby GRANTED.

2. Pursuant to 18 U.S.C. § 924(d)(1), 28 U.S.C. § 2461(c), and Federal Rule of Criminal Procedure 32.2(b)(2), all right, title, and interest of defendant Anthony Cabrera in the firearm identified above are hereby FORFEITED to the United States of America for disposition according to law, subject to the provisions of 21 U.S.C. § 853, as incorporated by 28 U.S.C. § 2461(c).

3. The Court retains jurisdiction to enter any orders necessary for the forfeiture and disposition of the ammunition, and to address any third party interests that may be asserted in an ancillary proceeding.

Copies furnished to: Counsel/Parties of Record

F:\Docs\2011\11-cr-308.forfeit 24.wpd

20111206

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