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United States v. Amadin

United States District Court, D. Massachusetts

September 9, 2019

UNITED STATES OF AMERICA
v.
DAVID AMADIN, Defendant.

          PRELIMINARY ORDER OF FORFEITURE

          F. DENNIS SAYLOR IV UNITED STATES DISTRICT JUDGE

         WHEREAS, on October 10, 2018, a federal grand jury sitting in the District of Massachusetts returned a one-count Indictment, charging David Amadin (the "Defendant") with being a Felon in Possession of Firearm and Ammunition, in violation of 18 U.S.C. § 922(g)(1) (Count One);

         WHEREAS, the Indictment also included a 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, upon conviction of the Defendant of the offense alleged in Count One of the Indictment, of any firearm or ammunition involved in or used in any knowing commission of the offense, and the property specifically included, without limitation:

(a) one Springfield Armory Model 45 ACP XD5 .45 caliber semi-automatic pistol, bearing serial number XS512948; and
(b) five rounds of .45 caliber ammunition

(collectively, the "Firearm and Ammunition");

         WHEREAS, on April 23, 2019, 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 23, 2019; WHEREAS, in Section 7 of the plea agreement, the Defendant admitted that the Firearm and Ammunition are subject to forfeiture because they were used to facilitate Defendant's offense charged in Count One of the Indictment;

         WHEREAS, in light of the Defendant's guilty pleas and admissions in the plea agreement, the United States has established the requisite nexus between the Firearm and Ammunition and the offense to which the Defendant pled guilty, and accordingly, the Firearm 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 Firearm and Ammunition.

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

         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 Firearm and Ammunition and the offense to which the Defendant pled guilty.

         1. The Court shall retain jurisdiction in this case for the purpose of enforcing this Order.

         2. Accordingly, all of Defendant's interests in the Firearm and Ammunition are hereby forfeited to the United States of ...


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