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United States v. Mejia-Urbina

United States District Court, N.D. Florida, Pensacola Division

July 9, 2019

UNITED STATES OF AMERICA
v.
GESNAN RENAN MEJIA-URBINA a/k/a “Gesnan Renan Urbina-Mejia” a/k/a “Gesnan Renan Urbina” a/k/a “Hez”

          PRELIMINARY ORDER OF FORFEITURE

          M. CASEY RODGERS UNITED STATES DISTRICT JUDGE

         THIS CAUSE comes before the Court on the government's Motion for Issuance of a Preliminary Order of Forfeiture, ECF No. 38, for the following property:

A. a Smith & Wesson M&P Shield 9 millimeter pistol, serial number HMV9591; and
B. eight (8) rounds of assorted Aguila, Winchester, and Blazer 9 millimeter ammunition (“Subject Property”).

         WHEREAS, on or about April 16, 2019, a federal grand jury sitting in the Northern District of Florida returned a Superseding Indictment against the defendant charging him with illegal reentry by a removed alien (“Count One”), in violation of 8 U.S.C. § 1326(a), and possession of a firearm and ammunition by a prohibited person (“Count Two”), in violation of 18 U.S.C. §§ 922(g)(1). 922(g)(5)(A), and 924(a)(2), ECF No. 18;

         AND WHEREAS, in the Superseding Indictment further sought criminal forfeiture from the defendant pursuant to 18 U.S.C. § 924(d)(1) of any and all interest the defendant had in the firearm and ammunition involved in this violation, that is, a Smith & Wesson 9 millimeter pistol, and Aguila, Winchester, and Blazer 9 millimeter ammunition, ECF No. 18 at 3;

         AND WHEREAS, on May 23, 2019, the defendant pled guilty to Counts One and Two of the Superseding Indictment, ECF No. 30;

         AND WHEREAS, pursuant to the defendant's plea agreement and as stated in the Superseding Indictment, the defendant agreed to forfeit his interest in the firearm and ammunition described in the Superseding Indictment, ECF No. 31 at 4;

         AND WHEREAS, by virtue of said guilty plea and consent of forfeiture, the United States is now entitled to possession of the Subject Property, pursuant to 18 U.S.C. § 924(d)(1) and Fed. R. Crim. P. 32.2(b); now wherefore, IT IS HEREBY ORDERED that the government's Motion for Issuance of a Preliminary Order of Forfeiture is GRANTED, and pursuant to 18 U.S.C. § 924(d)(1), 28 U.S.C. § 2461(c), and Fed. R. Crim. P. 32.2(b)(4), all of defendant's right and interest in the Subject Property is hereby forfeited to and vested in the United States of America for disposition according to law.

         It is further ORDERED that upon entry of this Order, the United States is authorized to commence any applicable proceeding to comply with statutes governing third party rights, including giving notice of this Order.

         It is further ORDERED that the United States shall publish notice of the Order and its intent to dispose of the Subject Property in such a manner as the Attorney General (or a designee) or the Secretary of the Treasury (or a designee) may direct. The United States may also, to the extent practicable, provide written notice to any person known to have an alleged interest in the Subject Property.

         It is further ORDERED that, in accordance with the law, the United States shall cause to be published at least once, notice of this Order, notice of its intent to dispose of the Subject Property in such manner as the Attorney General (or a designee) may direct, and notice that any person, other than the defendant, having or claiming a legal interest in the Subject Property must file a petition with the Court within thirty (30) days of the final publication of the notice, or within sixty (60) days of the first date of publication on an official internet government forfeiture site at www.forfeiture.gov. The United States may also, to the extent practicable, provide written notice to any person known to have an alleged interest in the Subject Property.

         It is further ORDERED that any person, other than the above-named defendant, asserting a legal interest in the Subject Property may, within thirty (30) days of the Final Publication of Notice or Receipt of Notice, whichever is earlier, petition the Court for a hearing without a jury to adjudicate the validity of his/her alleged interest in the Subject Property, and for an amendment of the Order of forfeiture, pursuant to 18 U.S.C. § 982(b)(1), which incorporates 21 U.S.C. § 853(n).

         It is further ORDERED that pursuant to Fed. R. Crim. P. 32.2(b)(3), this Preliminary Order of Forfeiture shall become final as to the defendant at the time of sentencing, or before sentencing if the defendant consents, and shall be made part of the sentence and included in the judgment. If no third party files a timely claim, ...


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