United States District Court, D. Massachusetts
Plaintiff, represented by Glenn A. MacKinlay, United States
UNITED STATES' MOTION FOR FINAL ORDER OF
L. WOLF, District Judge.
United States of America, by its attorney, Carmen M. Ortiz,
United States Attorney for the District of Massachusetts,
respectfully moves this Court for the issuance of a Final
Order of Forfeiture in the above-captioned case pursuant 18
U.S.C. Â§ 924(d), 28 U.S.C. Â§ 2461(c), and Rule 32.2(c) of the
Federal Rules of Criminal Procedure. A proposed Final Order
of Forfeiture is submitted herewith. In support thereof, the
United States sets forth the following:
September 30, 2014, a federal grand jury sitting in the
District of Massachusetts returned a one-count Indictment
charging defendant Shawn Cox (the "Defendant") with
being a Felon in Possession of a Firearm and Ammunition, in
violation of 18 U.S.C. Â§ 922(g)(1) (Count One).
Indictment also contained a forfeiture allegation, pursuant
to 18 U.S.C. Â§ 924(d), and 28 U.S.C. Â§ 2461(c), which
provided notice that the United States sought the forfeiture,
upon conviction of the Defendant of the offense alleged in
Count One of the Indictment, of all firearms and ammunition
involved in the commission of the offense, including but not
limited to the following:
(a) Colt, .45 caliber pistol, bearing serial number 711063;
(b) Seven rounds of.45 caliber ammunition
(collectively, the "Gun and Ammunition").
Indictment further provided that, if any of the
above-described forfeitable property, as a result of any act
or omission by the Defendant, (a) cannot be located upon the
exercise of due diligence; (b) has been transferred or sold
to, or deposited with, a third party; (c) has been placed
beyond the jurisdiction of the Court; (d) has been
substantially diminished in value; or (e) has been commingled
with other property which cannot be divided without
difficulty, the United States is entitled to seek forfeiture
of any other property of the Defendant, up to the value of
such property, pursuant to 21 U.S.C. Â§ 853(p), as
incorporated in 28 U.S.C. Â§ 2461(c).
April 19, 2016, the Defendant pled guilty to Count One of the
August 9, 2016, a sentencing hearing was held whereby this
Court sentenced the Defendant to 32 months incarceration, to
be followed by a term of 3 years supervised release, and
ordered the Defendant to pay a special assessment of $100.
See Docket No. 121. In addition, this Court ordered
the Defendant to forfeit the Gun and Ammunition, pursuant to
the terms of the Preliminary Order of Forfeiture.
See Docket No. 122.
August 9, 2016, this Court issued a Preliminary Order of
Forfeiture against the Gun and Ammunition, pursuant to 18
U.S.C. Â§ 924(d), 28 U.S.C. Â§ 2461(c), and Rule 32.2(b)(2) of
the Federal Rules of Criminal Procedure. See Docket
Nos. 122-1, 124.
Notice of the Preliminary Order of Forfeiture was sent to all
interested parties and published on the government website
www.forfeiture.gov, for thirty (30) consecutive calendar
days, beginning on August 19, 2016, and ending on September
17, 2016. See Docket Nos. 125, 126, and 129.
claims of interest in the Gun and Ammunition have been filed
with the Court or served on the United States Attorney's