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United States v. Santiago

United States District Court, D. Massachusetts

December 3, 2018

UNITED STATES OF AMERICA
v.
ESMARIN SANTIAGO, a/k/a"SMARTY," Defendant.

          PRELIMINARY ORDER OF FORFEITURE

          INDIRA TALWANI, UNITED STATES DISTRICT JUDGE.

         WHEREAS, on August 23, 2017, a federal grand jury sitting in the District of Massachusetts returned a three-count Indictment, charging Esmarin Santiago, a/k/a "Smarty," (the "Defendant") with being a Felon in Possession of Firearms and Ammunition, in violation of 18 U.S.C. § 922(g)(1) (Count One); Possession with Intent to Distribute Fentanyl, in violation of 21 U.S.C. §§ 841(a)(1), and 841(b)(1)(B) (Count Two); and Possession and Use of Firearms During and in Relation to a Drug Trafficking Crime, in violation of 18 U.S.C. § 924(c)(1)(A) (Count Three);

         WHEREAS, the Indictment also included a Firearm Forfeiture Allegation, pursuant to 18 U.S.C. § 924(d)(1) and 28 U.S.C. § 2461(c), which provided notice that the United States intended to seek the forfeiture of any firearm or ammunition involved in or used in any knowing omission of such offenses. The property to be forfeited included, but was not limited to, the following:

(a) one Smith & Wesson 9 mm pistol, model SD9VE, bearing serial number FYH827l;
(b) one Smith & Wesson .40 caliber pistol, model SW40VE, bearing serial number DVN6O27;
(c) ten rounds of 9 mm ammunition; and
(d) fourteen rounds of .40 caliber ammunition

(collectively, the "Guns and Ammunition");

         WHEREAS, on November 14, 2018, at a hearing pursuant to Rule 11 of the Federal Rules of Criminal Procedure, the Defendant pled guilty to Counts One through Three of the Indictment, pursuant to a written plea agreement that he signed on that date;

         WHEREAS, in Section 7 of the plea agreement, the Defendant admitted that the Guns and Ammunition are subject to forfeiture on the grounds that they were used to facilitate Defendant's offense, and were involved in the Defendant's offenses charged in Counts One and Three of the Indictment;

         WHEREAS, in light of the Defendant's guilty plea and admissions in the plea agreement, the United States has established the requisite nexus between the Guns and Ammunition and the offenses to which the Defendant pled guilty, and accordingly, the Guns and Ammunition are subject to forfeiture to the United States pursuant to 18 U.S.C. § 924(d)(1) and 28 U.S.C. § 2461(c); and

         WHEREAS, pursuant to 18 U.S.C. § 924(d)(1), 28 U.S.C. § 2461(c) and Rule 32.2(b)(2) of the Federal Rules of Criminal Procedure, the United States is now entitled to a Preliminary Order of Forfeiture against the Guns and Ammunition.

         ACCORDINGLY, it is hereby ORDERED, ADJUDGED, AND DECREED that:

         1. The Court finds, pursuant to Rule 32.2(b)(1) of the Federal Rules of Criminal Procedure, that the United States has established the requisite nexus between the Guns and ...


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