Motion for Entry of Final Disposition Order on Garnishment — United States v. Andre Lee Gaines (N.D. Ga.)

Record facts

U.S. District Court for the Northern District of Georgia · No. 1:21-cr-00206-JPB · Doc. 28 · 2023-08-24 · Docket on CourtListener

Full text

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IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF GEORGIA 
ATLANTA DIVISION 
 
UNITED STATES OF AMERICA, 
:  
 
: CRIMINAL ACTION 
 
 
v. 
: 
: 
NO: 1:21-CR-206-01-JPB 
ANDRE LEE GAINES, 
:  
 
Defendant, 
:  
 
 
and 
: 
: 
 
MORGAN & MORGAN, 
:  
 
Garnishee. 
:  
 
MOTION FOR ENTRY OF FINAL DISPOSITION ORDER ON GARNISHMENT 
AS TO DEFENDANT ANDRE LEE GAINES AND GARNISHEE MORGAN & 
MORGAN 
 
The United States of America respectfully requests that the Court enter the 
Final Disposition Order on Garnishment in this matter pursuant to 28 U.S.C. § 
3205(c)(7) with respect to Defendant Andre Lee Gaines, (“Defendant”) and 
Garnishee Morgan & Morgan, (“Garnishee”).  In support of this motion, the 
United States asserts the following: 
1. 
This matter involves a garnishment proceeding initiated by the 
United States to recover a restitution debt owed by Defendant pursuant to the 
Court’s judgment in this case.   
Case 1:21-cr-00206-JPB     Document 28     Filed 08/24/23     Page 1 of 4

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2. 
  A judgment balance of $762,564.57 remains outstanding as of August 
2, 2023. 
3. 
On June 22, 2023, the United States filed an Application for Writ of 
Garnishment seeking property of Defendant in the possession of the Garnishee, 
including, specifically accounts belonging to Defendant.  The Clerk of Court, 
through one of his deputies, duly issued the Writ of Continuing Garnishment, 
which was served upon Garnishee on June 6, 2023.  [Doc. 23.] 
4. 
After receiving the Writ of Continuing Garnishment, Garnishee filed 
an answer stating that it had in its possession property belonging to Defendant, 
namely settlement funds valued at $12,812.14.  [Doc. 22.] 
5. 
As reflected in the return of service filed on August 4, 2023, Defendant 
was served with a copy of the writ and notified of the statutory right to request a 
hearing on exempt property pursuant to 28 U.S.C. § 3202(b), and of the statutory 
right to object to Garnishee’s answer pursuant to 28 U.S.C. § 3205(c)(5).    [Doc. 24.] 
6. 
Section 3205(c)(7) of Title 28 of the United States Code states:  
After the garnishee files an answer and if no hearing is 
requested within the required time period, the court shall 
promptly enter an order directing the garnishee as to the 
disposition of the judgment debtor's non-exempt interest in 
such property.  If a hearing is timely requested, the order shall 
be entered within 5 days after the hearing, or as soon thereafter 
as is practicable.  
Case 1:21-cr-00206-JPB     Document 28     Filed 08/24/23     Page 2 of 4

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7. 
Defendant has not requested a hearing or objected to the 
garnishment.  Therefore, entry of the disposition order is appropriate.        
 
WHEREFORE, all conditions to the issuance of a Final Disposition Order in 
Garnishment against the property of Defendant which is in the possession of 
Garnishee are fully satisfied.  Therefore, the United States requests that the court 
issue a Final Disposition Order in Garnishment directing Garnishee to turn over 
the identified property of Defendant up to the sum of $762,564.57 to the Clerk of 
Court for the Northern District of Georgia for application to the judgment debt of 
Defendant.   
 
Respectfully submitted, 
 
RYAN K. BUCHANAN 
UNITED STATES ATTORNEY 
 
/s/Vivieon Kelly Jones 
 
VIVIEON K. JONES 
Assistant United States Attorney 
Georgia Bar No. 143033 
600 United States Courthouse 
75 Ted Turner Drive, S.W.  
Atlanta, Georgia 30303 
Phone: (404) 581-6312 
Fax: (404) 581-6167 
vivieon.jones@usdoj.gov 
 
 
Case 1:21-cr-00206-JPB     Document 28     Filed 08/24/23     Page 3 of 4

CERTIFICATE OF SERVICE 
 
This is to certify that I have this day electronically filed the within and 
foregoing Motion for Entry of Final Disposition Order on Garnishment and Brief 
in Support, and Proposed Order with the Clerk of Court using the CM/ECF 
system and that I have served the following non-CM/ECF participant(s) by 
depositing a copy of the same in the United States mail addressed as follows: 
Morgan & Morgan PLLC 
Attn: Gregory Johnson, Esq. 
408 12th St., Suite 200 
Columbus, GA 31901 
 
I further certify that I have served Andre Lee Gaines by United States mail, 
postage pre-paid at his address of record. 
 
This 24th day of August, 2023 
 
/s/Vivieon K. Jones 
 
 
VIVIEON K. JONES 
ASSISTANT UNITED STATES ATTORNEY 
vivieon.jones@usdoj.gov 
 
 
 
 
 
Case 1:21-cr-00206-JPB     Document 28     Filed 08/24/23     Page 4 of 4

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