MOTION to Amend Final Order of Forfeiture with Brief In Support by USA as to Darrell… — USA v. Thomas et al (Dkt. 668)

Record facts

U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00296-JPB-CMS · Doc. 668 · 2023-04-20 · Docket on CourtListener

Summary

A motion by the United States to amend the Final Order of Forfeiture in United States v. Darrell Thomas, No. 1:20-cr-00296-JPB-CMS, in the U.S. District Court for the Northern District of Georgia, filed April 20, 2023 as Doc. 668. The motion states that the government moved for a Final Order of Forfeiture on March 8, 2023 (Doc. 647), that the Court granted it on March 28, 2023, and that a 2017 Acura NSX was inadvertently omitted on page four of that order (Doc. 655). It asks the Court under Federal Rule of Criminal Procedure 36, which permits correction of errors arising from oversight or omission, to add the vehicle so that the United States may forfeit and dispose of it. The motion, signed by an Assistant United States Attorney, refers to a proposed Amended Final Order of Forfeiture filed concurrently.

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Full text

1 
IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF GEORGIA 
ATLANTA DIVISION 
UNITED STATES OF AMERICA 
v. 
DARRELL THOMAS 
Criminal Action No. 
1:20-cr-00296-JPB-AJB 
MOTION TO AMEND FINAL ORDER OF FORFEITURE 
COMES NOW the United States of America, pursuant to Federal Rule of 
Criminal Procedure 36 and moves the Court for an Amended Final Order of 
Forfeiture to add property inadvertently omitted in the Final Order of Forfeiture. 
Specifically, on March 8, 2023, the Government moved this Court to order 
property forfeited to the United States. (Doc. 647). The Court granted the Motion 
for Final Order of Forfeiture on March 28, 2023, however, one vehicle, a 2017 Acura 
NSX with VIN 19UNC1B08HY000536, was inadvertently omitted on page four of 
the Final Order of Forfeiture. (Doc. 655, p. 4).  
This motion seeks to amend the Final Order of Forfeiture to add the 2017 Acura 
NSX, VIN 19UNC1B08HY000536 (“Subject Vehicle”) to the Final Order of 
Forfeiture to allow the United States to forfeit and dispose of the Subject Vehicle.  
Case 1:20-cr-00296-JPB-CMS     Document 668     Filed 04/20/23     Page 1 of 4

2 
 
Argument and Citation of Authority 
Rule 36 of the Federal Rules of Criminal Procedure authorized the Court to 
amend an order “at any time” to correct an error: 
After giving any notice it considers appropriate, the court may at any 
time correct a clerical error in a judgment, order or other part of the 
records, or correct an error in the record arising from oversight or 
omission.  
Fed.R.Crim.P. 36.  
 
Here, the Subject vehicle was inadvertently omitted from the Final Order of 
Forfeiture. Accordingly, the Government only seeks to correct this error that 
arose from an oversight.  
 
 
Case 1:20-cr-00296-JPB-CMS     Document 668     Filed 04/20/23     Page 2 of 4

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Conclusion 
For all the foregoing reasons, the United States respectfully requests that this 
Court grant this motion and issue the proposed Amended Final Order of 
Forfeiture, filed concurrently herewith.  
 
 
 
 
 
 
 
 
 
 
 
 
Respectfully submitted, 
 
 
 
 
 
 
 
 
 
 
 
 
RYAN K. BUCHANAN 
 
 
 
 
 
 
 
 
 
 
 
 
United States Attorney 
 
 
 
 
 
 
 
 
 
 
 
 
 
/S/ RADKA T. NATIONS 
 
 
 
 
 
 
 
 
 
 
 
 
Assistant United States Attorney 
 
 
 
 
 
 
 
 
 
 
 
 
Georgia Bar No. 618248 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Case 1:20-cr-00296-JPB-CMS     Document 668     Filed 04/20/23     Page 3 of 4

4 
 
Certificate of Service 
I served this document today by filing it using the Court’s CM/ECF system, 
which automatically notifies the parties and counsel of record. 
April 20, 2023 
 
/s/ RADKA T. NATIONS 
 
 
RADKA T. NATIONS 
 
Assistant United States Attorney 
 
 
Case 1:20-cr-00296-JPB-CMS     Document 668     Filed 04/20/23     Page 4 of 4

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