Indictment — United States v. Rivera (Dkt. 15, D.N.J.)

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An indictment returned by a grand jury sitting at Newark in United States v. Edwin Rivera, Crim. No. 23-524, in the U.S. District Court for the District of New Jersey before Hon. Georgette Castner, filed June 29, 2023 as Document 15. The caption lists firearm and drug statutes. Count One charges that on or about February 8, 2023, in Hudson County, the defendant, previously convicted of a crime punishable by more than one year in the Supreme Court of the State of New York, possessed a black Taurus G2C 9mm handgun and twelve rounds of 9mm Luger ammunition.

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Case 3:23-cr-00524-GC Document15_ Filed 06/29/23 Page 1 of 6 PagelD: 48

2021R00496 /BPOC FIL ED
UNITED STATES DISTRICT COURT JUN 29 9993 &)

DISTRICT OF NEW JERSEY
AT 8:30 ie r~

UNITED STATES OF AMERICA CLERK, U.S.5) ORT DN
Hon. Georgette Castner

Vv. Crim. No. 23- 524

18 U.S.C. § 922(g)(1)
21 U.S.C. §§ 841(a)(1) and (b)(1)(A)
18 U.S.C. § 924(c)(1)(A) Gi)

EDWIN RIVERA

INDICTMENT

The Grand Jury in and for the District of New Jersey, sitting at Newark,
charges:

COUNT ONE
(Possession of a Firearm and Ammunition by a Convicted Felon)

On or about February 8, 2023, in Hudson County, in the District of New

Jersey, and elsewhere, the defendant,
EDWIN RIVERA,

knowing that he had previously been convicted of a crime punishable by a term
of imprisonment exceeding one year in the Supreme Court of the State of New
York, did knowingly possess in and affecting commerce a firearm and
ammunition, namely, a black Taurus G2C 9mm handgun bearing serial number
ACD827999, and twelve rounds of 9mm Luger ammunition.

In violation of Title 18, United States Code, Section 922(g)(1).
Case 3:23-cr-00524-GC Document15 _ Filed 06/29/23 Page 2 of 6 PagelD: 49

COUNT TWO
(Possession with Intent to Distribute Cocaine)

On or about February 8, 2023, in Hudson County, in the District of New
Jersey, and elsewhere, the defendant,
EDWIN RIVERA,
did knowingly and intentionally possess with the intent to distribute 5 kilograms
or more of a mixture and substance containing a detectable amount of cocaine,
a Schedule II controlled substance.

In violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(A).
Case 3:23-cr-00524-GC Document15 Filed 06/29/23 Page 3 of 6 PagelD: 50

COUNT THREE
(Possession of a Firearm in Furtherance of a Drug Trafficking Crime)

On or about February 8, 2023, in Hudson County, in the District of New

Jersey and elsewhere, the defendant,
EDWIN RIVERA,

in furtherance of a drug trafficking crime for which the defendant may be
prosecuted in a court of the United States, specifically, the drug trafficking crime
charged in Count Two of this Indictment, did knowingly possess a firearm,
namely a black Taurus G2C 9mm handgun bearing serial number ACD827999,
and twelve rounds of 9mm Luger ammunition.

In violation of Title 18, United States Code, Section 924(c)(1)(A)(i).
SS —

Case 3:23-cr-00524-GC Document15_ Filed 06/29/23 Page 4 of 6 PagelD: 51

FORFEITURE ALLEGATION AS TO COUNTS ONE AND THREE

As a result of committing the firearms offenses in violation of 18 U.S.C. §§
922(g)(1) and 924(c)(1)(A)(1), as charged in Counts One and Three of this
Indictment, the defendant,

EDWIN RIVERA,
shall forfeit to the United States, pursuant to 18 U.S.C. § 924(d)(1) and 28 U.S.C.

§ 2461(c), any firearms and ammunition involved in or used in the commission
of such offenses, including but not limited to, one black Taurus G2C 9mm
handgun bearing serial number ACD827999 and twelve rounds of 9mm Luger

ammunition.

FORFEITURE ALLEGATION AS TO COUNT TWO

As a result of committing the controlled substance offense in violation of
21 U.S.C. §§ 841(a)(1) and (b)(1)(A), as charged in Count Two of this Indictment,
the defendant,

EDWIN RIVERA,
shall forfeit to the United States, pursuant to 21 U.S.C. § 853, any and all

property constituting or derived from any proceeds the defendant obtained
directly or indirectly as a result of said offense, and any and all property used or
intended to be used in any manner or part to commit and to facilitate the
commission of the offense alleged in Count Two of this Indictment, including,

but not limited to $10,015 in United States currency, seized on or about

February 8, 2023.
Case 3:23-cr-00524-GC Document15_ Filed 06/29/23 Page 5 of 6 PagelD: 52

SUBSTITUTE ASSETS PROVISION
(Applicable to All Forfeiture Allegations)

If any of the property described above, as a result of any act or omission
of the defendant:
(a) cannot be located upon the exercise of due diligence;
(b) has been transferred or sold to, or deposited with, a third
party;
(c) has been placed beyond the jurisdiction of the Court;
(d) has been substantially diminished in value; or
(e) has been commingled with other property which cannot be
divided without difficulty,
the United States shall be entitled, pursuant to 21 U.S.C. § 853(p), as
incorporated by 28 U.S.C. § 2461(c), to forfeiture of any other property of the

defendant up to the value of the above-described forfeitable property.

A TRUE BILL

FOREPERSON

PHILIP R. SELLINGER
United States Attorney
Case 3:23-cr-00524-GC Document15 _ Filed 06/29/23 Page 6 of 6 PagelD: 53

CASE NUMBER: 23-524 (GC)

United States District Court
District of New Jersey

UNITED STATES OF AMERICA

EDWIN RIVERA

INDICTMENT FOR

18 U.S.C. § 922(g)(1)
21 U.S.C. §§ 841(a)(1) and (b)(1)(A)
18 U.S.C. § 924(c)(1)(A)(i)

A True Bill,

Foreperson

PHILIP R. SELLINGER
UNITED STATES ATTORNEY
NEWARK, NEW JERSEY

BARRY O’CONNELL
ASSISTANT U.S. ATTORNEY
973-297-2044


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