United States District Court, S.D. Alabama, Southern Division
ORDER ON MOTION FOR RETURN OF PROPERTY
V. S. GRANADE, SENIOR UNITED STATES DISTRICT JUDGE
matter is before the Court on a motion for return of property
pursuant to Federal Rule of Criminal Procedure 41(g) filed by
Defendant Manila Chicago (“Chicago”) (Doc. 123)
and the Government's response in opposition (Doc. 126).
For the reasons stated below, Defendant's motion is
2015, the grand jury returned a sixteen-count indictment
against Chicago. (Doc. 1). Within the Indictment, the
Government declared that it would seek criminal forfeiture of
any property “constituting or derived from” any
criminal proceeds or any property used to facilitate or
commit the statutory violations outlined in the Indictment.
Id. at 7-9. Criminal forfeiture was sought pursuant
to 21 U.S.C. § 853 and 18 U.S.C. § 982. The
Government supplemented its forfeiture notice in a bill of
particulars to include specific additional property. (Doc.
27). An Amended Bill of Particulars was filed adding more
specific property. (Doc. 32). Like the Indictment, the Bill
of Particulars and Amended Bill of Particulars specified that
any forfeiture would be pursuant to 21 U.S.C. § 853
and/or 18 U.S.C. § 982. In June 2016, Chicago and the
Government entered into a plea agreement; Chicago pleaded
guilty to three counts in the Indictment. (Doc. 70). In the
Plea Agreement, Chicago agreed to “confess the
forfeiture to the United States of all properties which
represent proceeds of his criminal activities or which
facilitated any aspect of these illegal activities
….” Id. at 6.
Chicago's plea, the Government moved for a preliminary
order of forfeiture. (Doc. 77). The Court entered a
Preliminary Order of Forfeiture (Doc. 78) and Amended
Preliminary Order of Forfeiture (“APOF”) (Doc.
80). Within the APOF, the Court found Chicago's interest
in the following property forfeited to the Government:
1. The contents of PNC Bank Account No. XXXXXX7406, a joint
checking account held in the names of Manila Chicago and/or
2. The contents of PNC Bank Account No. XXXXXX1595, a
checking account held in the name of Loan Nguyen;
3. The residence of real property at 13915 Sprinkle Avenue,
Mobile Alabama, 36509;
4. The real property identified as Mobile County Parcel #
R021309320000107.02 containing approximately 5.41 acres and
legally described as following:
COMG AT THE INT OF THE N/L OF THE S1/2 PF SEC 32, R2W, 7 THE
E ROW/L OF U.S. HWY 45 RUN 06 DEG 08MIN 58 SEC W ALG S.D. E
ROY/L 441.77 FT TO THE POB OF THE PARCEL HEREIN DESC.;
5. One black 2014 Ford Mustang Coupe, VIN 1ZVBP8CF7E5280204;
6. One Husqvarna lawn tractor, Model M-ZT61, Serial No.
042514B002339, including Kawasaki engine with Serial No.
FS691VA29169; and 7. $14, 769.00, more or less, in United
(Doc. 80, pp. 2-3).
September 27, 2016, the Court sentenced Chicago to 111 months
imprisonment. (Doc. 95). The Court incorporated the APOF in
the Judgment and Commitment Order. Id. Now, Chicago
moves the Court for return of the items contained within the
APOF because, as he argues, the Government failed to provide
him sufficient notice of the forfeiture
proceedings. Thus, he continues, his right to due
process under the Fifth Amendment has been violated.