Consent Order and Judgment of Forfeiture — United States v. Jones (Dkt. 20, W.D.N.C.)

Summary

A consent order and judgment of forfeiture in United States v. Sadiq Mafia Devoe Jones, Docket No. 1:20-CR-00104, in the U.S. District Court for the Western District of North Carolina, Asheville Division, filed January 29, 2021 as Document 20 and signed by a United States Magistrate Judge. It recites that the defendant pleaded guilty to offenses under which forfeiture may be ordered and consents to forfeiture. It orders forfeiture to the United States of a Glock 9mm caliber pistol and approximately 29 rounds of assorted 9mm caliber ammunition.

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FILED IN COURT
                                                                       .ASHEVILLE,
                IN TFIE UNITED STATES DISTRICT COURT             NC
           FoR rHE WESTERN DISTRICT oF NoRrH CAROLN{AU g 2021
                                                            Z
                          ASFM,VILLE DIVISION
                                                     u s D'srBfTfFTEl
                        DOCKET NO. 1 :20-CR-001 04

LINITED STATES OF AMEzuCA
                                                 CONSENT ORDER AND
V.                                             JUDGMENT OF FORFEITURE

SADIQ MAFIA DEVOE JONES


      WHEREAS, the defendant, SADIQ MAFIA DEVOE JONES, has voluntarily
pleaded guilty pursuant to Fed. R. Crim. P. I I to one or more criminal offenses under
which forfeiture may be ordered;

       WHEREAS, the defendant and the United States stipulate and agree that the
properfy described below constitutes property derived from or traceable to proceeds
of the defendant's offense(s) herein; property involved in the offenses, or any
properfy traceable to such properfy; and/or property used in any manner to facilitate
the commission of such offense(s); or substitute properfy as defined by 2l U.S.C. $
853(p) and Fed. R. Crim. P. 32.2(e); and is therefore subject to forfeiture pursuant
tcr 18 U.S.C. $ 924(d) and 28 U.S.C. $ 2461(c), provided, however, that such
forfeiture is subject to any and all third party claims and interests, pending final
adjudication herein; the defendant waives his interest, if any, in the property and
agrees to the forfeiture of such interest;

      WHEREAS, the defendant herein waives the requirements of Fed. R. Crim.
P.32.2 regarding notice of the forf-eiture in the charging instrument, announcement
of the forfeiture at sentencing, and incorporation of the forfeiture in the judgment
against defendant;

       WHEREAS, pursuant to Fed. R. Crim. P.32.2(b)(l) & (c)(2), the Court finds
that there is the requisite nexus between the properfy and the offense(s) to which the
defendant has pleaded guilty;




     Case 1:20-cr-00104-MOC-WCM Document 20 Filed 01/29/21 Page 1 of 3

       WHEREAS, the defendant withdraws any claim previously submitted in
response to an administrative forfeiture or civil forfeiture proceeding concerning any
of the property described below. If the defendant has not previously submitted such
a claim, the defendant hereby waives all right to do so. If any administrative
forfeiture or civil forfeiture proceeding concerning any of the property described
below has previously been stayed, the defendant hereby consents to a lifting of the
stay and consents to forfeiture;

       WHEREAS, the undersigned United States Magistrate Judge is authorized to
enter this Order by the previous Order of this Court No. 3:05MC302-C (September
8,2005);

     NOW, THEREFORE, IT IS FIEREBY ORDERED THAT the following
property is forfeited to the United States:

          o Glock 2619mm caliber pistol, bearing serial number XYG517; and
          . Approximately 29 rounds of assorted 9mm caliber ammunition.
      The United States Marshal and/or other property custodian for the
investigative agency is authorized to take possession and maintain custody of the
above-described tangible property.

      If and to the extent required by Fed. R. Crim. P. 32.2(b)(6), 21 U.S.C. $
853(n), and/or other applicable law, the United States shall publish notice and
provide direct written notice of this forfeiture.

      As to any firearms and/or ammunition listed above and/or in the charging
instrument, defendant consents to disposal by federal, state, or local law enforcement
authorities upon such legal process as they, in their sole discretion, deem to be
legally sufficient, and waives any and all right to further notice of such process or
such destruction.

      Any person, other than the defendant, asserting any legal interest in the
property may, within thirty days of the publication of notice or the receipt of notice,
whichever is earlier, petition the court for a hearing to adjudicate the validity of the
alleged interest.



                                           2




    Case 1:20-cr-00104-MOC-WCM Document 20 Filed 01/29/21 Page 2 of 3

        Pursuant to Fed. R. Crim. P.32.2(b)(3), upon entry of this Order of Forfeiture,
  the United States Attorney's Office is authorized to conduct any discovery needed
  to identify, locate or dispose of the property, including depositions, interrogatories,
  requests for production of documents and to issue subpoenas, pursuant to Fed. R.
  Civ. P.45.

         Following the Court's disposition of all timely petitions filed, a final order of
 forfeiture shall be entered, as provided by Fed. R. Crim. P.32.2(c)(2).It no third
 par:ty files a timely petition, this order shall become the final order and judgment of
 forfeiture, as provided by Fed. R. Crim. P.32.2(c)(2),and the United States shall
 have clear title to the property and shall dispose of the properly according to law.
 Pursuant to Fed. R. Crim. P. 32.2(b)(4)(A), the defendant consents that this order
 shall be final as to defendant upon filing.

  SO AGREED:



   --Th.u-t -l   l] t rL
r-JONATHAN D. LETZRING
 Assistant United States Attorney




 SADIQ           IA DEVOE JONES
 Defendant




 THEA        RE J. BESEN
            for Defendant
                                             Signed: trrn

                                             W. CARL                 CALF
                                             United States       istrate .ludge
                                             Western Dist      of North Carolina




     Case 1:20-cr-00104-MOC-WCM Document 20 Filed 01/29/21 Page 3 of 3

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