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United States v. Cox

United States District Court, D. Massachusetts

October 5, 2016

UNITED STATES OF AMERICA,
v.
SHAWN COX, Defendant.

          USA, Plaintiff, represented by Glenn A. MacKinlay, United States Attorney's Office.

          UNITED STATES' MOTION FOR FINAL ORDER OF FORFEITURE

          MARK L. WOLF, District Judge.

         The 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. § 924(d), 28 U.S.C. § 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:

         1. On 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. § 922(g)(1) (Count One).

         2. The Indictment also contained a forfeiture allegation, pursuant to 18 U.S.C. § 924(d), and 28 U.S.C. § 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; and
(b) Seven rounds of.45 caliber ammunition

(collectively, the "Gun and Ammunition").

         3. The 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. § 853(p), as incorporated in 28 U.S.C. § 2461(c).

         4. On April 19, 2016, the Defendant pled guilty to Count One of the Indictment.

         5. On 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.

         6. On August 9, 2016, this Court issued a Preliminary Order of Forfeiture against the Gun and Ammunition, pursuant to 18 U.S.C. § 924(d), 28 U.S.C. § 2461(c), and Rule 32.2(b)(2) of the Federal Rules of Criminal Procedure. See Docket Nos. 122-1, 124.

         7. 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.

         8. No claims of interest in the Gun and Ammunition have been filed with the Court or served on the United States Attorney's ...


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