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United States v. Carroll

United States District Court, S.D. Alabama, Southern Division

September 9, 2019

UNITED STATES OF AMERICA
v.
VICTOR HERBERT CARROLL, Defendant.

          ORDER

          CALLIE V. S. GRANADE, SENIOR UNITED STATES DISTRICT JUDGE.

         This matter is before the Court on the United States of America's Motion for Preliminary Order of Forfeiture. (Doc. 26). Based on the motion, the superseding information, and the defendant's written plea agreement and factual resume (Doc. 23), the motion is granted. It is therefore:

         ORDERED, ADJUDGED AND DECREED, that pursuant to Title 21, United States Code, Section 853 and Federal Rule of Criminal Procedure 32.2(b), all right, title and interest of the defendant, Victor Herbert Carroll, in the property identified as follows is hereby condemned and forfeited to the United States for disposition according to law:

1. One Browning, Model BDA380 pistol, .380 caliber, serial number 425P210697;
2. One Charter Arms, Model Undercover, .38 caliber revolver, serial number 528832;
3. One Smith & Wesson, Model 19, .357 Magnum Revolver, serial number K848600;
4. One Harrington and Richardson, unknown model, .38 caliber revolver, serial number 373766;
5. 1017 Rounds Assorted Ammunition, caliber unknown.

         AND WHEREAS, by virtue of said guilty plea, plea agreement and factual resume, the United States is now entitled to, pending possible appeal herein, reduce the said property to its possession and notify any and all potential third parties who have or may have an interest in the forfeited property, pursuant to Title 21, United States Code, Section 853 and Rule 32.2(b) of the Federal Rules of Criminal Procedure:

         NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED:

That based on the foregoing and Fed.R.Crim.P 32.2(b), the above-described property is hereby forfeited to and vested in the United States of America for disposition in accordance with law, subject to the provisions of Title 21, United States Code, Section 853(n).

         The aforementioned property is authorized to be held by Alcohol, Tobacco, Firearms and Explosives or other authorized federal agency in their secure custody and control and to dispose of it in accordance with law.

         Pursuant to 21 U.S.C. § 853(n)(1) and the Attorney General's authority to determine the manner of publication of an order of forfeiture in a criminal case, the United States shall publish notice of this Order on an official government ...


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