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United States v. Berry

United States District Court, D. Massachusetts

September 15, 2017

UNITED STATES OF AMERICA
v.
(2) TONY BERRY, a/k/a "Mazibrawl" Defendant.

          PRELIMINARY ORDER OF FORFEITURE

          NATHANIEL M. GORTON UNITED STATES DISTRICT JUDGE.

         WHEREAS, on June 16, 2015, a federal grand jury sitting in the District of Massachusetts returned a one-count Indictment charging defendant Tony Berry, a/k/a "Mazibrawl" (the "Defendant"), and others with Conspiracy to Distribute Cocaine Base, Cocaine, Heroin, and Oxycodone, in violation of 21 U.S.C. § 846 (Count One);

         WHEREAS, the Indictment also contained a forfeiture allegation, pursuant to 21 U.S.C. § 853, 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 any property constituting, or derived from, any proceeds obtained, directly or indirectly, as the result of such violations; and/or any property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, any such violations, and such property specifically included, without limitation:

a. one gray 2011 Infiniti M37X sedan bearing vehicle identification number JN1BY1AR2BM374404, and Massachusetts registration 787BW7[1];

         WHEREAS, 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 assets, pursuant to 21 U.S.C. § 853(p), and such property specifically included, without limitation[2]:

a. the real property located at 2300 Burdett Ridge Drive, Atlanta, Georgia, including all buildings, appurtenances and improvements thereon;
b. the real property located at 5335 Willow Park Boulevard, College Park, Georgia, including all buildings, appurtenances and improvements thereon;
c. the real property located at 7840 Bar Harbor Drive, Riverdale, Georgia, including all buildings, appurtenances and improvements thereon;
d. the real property located at 330 Blue Sail Lane, Atlanta, Georgia, including all buildings, appurtenances and improvements thereon; and
e. one red 1973 Buick Electra bearing vehicle identification number 4V39T3Y209736 and Massachusetts registration 1BY193;

         WHEREAS, on April 19, 2017, at a hearing pursuant to Rule 11 of the Federal Rules of Criminal Procedure, the Defendant pled guilty to Count One of the Indictment, pursuant to a written plea agreement that he signed on April 18, 2017;

         WHEREAS, in Section 8 of the plea agreement, the Defendant admitted that the following properties are subject to forfeiture because they constitute, or are derived from, proceeds obtained, directly or indirectly, as the result of Defendant's offenses charged in Count One of the Indictment; and/or were used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of the Defendant's offenses charged in Count One of the Indictment,

a. one ZTE Corporation Metro PCS Cell Phone, Model 730 (the, "Phone"); and
b. a forfeiture money judgment in the amount of $ 10, 000 in United States currency[3]; and therefore consented to the forfeiture of ...

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