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United States v. English

United States District Court, M.D. Alabama, Northern Division

April 30, 2018

UNITED STATES OF AMERICA
v.
TIMOTHY ANDRE ENGLISH

          PRELIMINARY ORDER OF FORFEITURE

          MYRON H. THOMPSON, UNITED STATES DISTRICT JUDGE

         Before the court is the government's motion for a preliminary order of forfeiture (doc. no. 32). The government gave notice to defendant Timothy Andre English in the indictment (doc. no.1) that it would seek forfeiture of all property used or intended to be used in any manner or part to commit and facilitate the commission of the offenses in violation of 18 U.S.C. § 922(g)(1). Defendant English consents to the forfeiture of the property in his plea agreement (doc. no. 27 at 4).

         Accordingly, it is ORDERED that the government's motion (doc. no. 32) is granted. It is further ORDERED as follows:

         1. As a result of the guilty plea on Count 1 of the indictment, the defendant shall forfeit to the United States, pursuant to 18 U.S.C. § 924(d)(1) by 28 U.S.C. § 2461(c), any and all firearms and ammunition involved in the commission of the offenses in violation of 18 U.S.C. § 922(g)(1).

         2. The court has determined that the following property is subject to forfeiture pursuant to 18 U.S.C. § 924(d)(1) by 28 U.S.C. § 2461(c); that the defendant has an interest in such property; and, that the United States has established the requisite nexus between such property and such offenses:

(a) Bushmaster Firearms, model XM15-E2S, .223 caliber rifle, bearing serial number BK1502612;
(b) Marlin Firearms Co., model 30AW, 30-30 caliber rifle, bearing serial number 09027216;
(c) Remington Arms Co., model 7400, .270 caliber rifle, bearing serial number 8387736;
(d) New England Firearms, model Pardner, .410 gauge shotgun, bearing serial number NT222466;
(e) Harrington and Richardson, model 88, .410 gauge shotgun, bearing serial number AX436667;
(f) Marlin Firearms Co., model 200, .410 gauge shotgun, bearing serial number KN125656;
(g) Mossberg International, model 715T, .22 caliber rifle, bearing serial number ELG3435069, with 30 round magazine;
(h) Ruger, model GP1OO, .357 caliber revolver, bearing serial number 176-77266, ...

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