Consent Preliminary Order of Forfeiture — United States v. Trevonta Asharay Lynch (E.D.N.C.)

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A Consent Preliminary Order of Forfeiture, Document 55, filed 08/08/25, No. 4:23-CR-00066-FL, United States of America v. Trevonta Asharay Lynch, Eastern District of North Carolina, Eastern Division. It recites that the defendant pleaded guilty under a written plea agreement to Counts Two and Three of the Indictment, citing 18 U.S.C. § 922(g)(1), and consents to forfeiture and waives several requirements of the Federal Rules of Criminal Procedure. The order states that a Taurus G8 9mm pistol and any associated ammunition are forfeited to the United States. It sets out notice and third-party petition procedures under 21 U.S.C. § 853(n), and says the order becomes the Final Order of Forfeiture if no third party files a timely petition. The signature block names Flanagan, United States District Judge.

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FILED IN OPEN COURT

ON 5/12/2025 |

.Peter A. Moore, Jr., Cle
US District Court

IN THE UNITED STATES DISTRICT COURTEAstem District of NC
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION

NO. 4:23-CR-00066-1FL

UNITED STATES OF AMERICA

ve : CONSENT PRELIMINARY
ORDER OF FORFEITURE
TREVONTA ASHARAY LYNCH

WHEREAS, the above-named defendant has pleaded guilty pursuant to a
written plea agreement to Counts Two and Three of the Indictment, charging the
defendant with offenses in violation of 18 U.S.C. §§ 922(g)(1) and 924(c)(1)(A)@);

AND WHEREAS, the defendant consents to the terms of this Order and to the
forfeiture of the property that is the subj ect of this Order of Forfeiture; stipulates and
agrees that each firearm and ammunition was involved in or used in the offense(s) to
which he pleaded guilty, or was in the defendant’s possession or immediate control at
the time of arrest, and is therefore subject to forfeiture pursuant to 18 U.S.C.
§ 924(d)(1) and/or 18 U.S.C. g 3665;

AND WHEREAS, the defendant stipulates and agrees that the defendant
individually, or in combination with one or more co-defendants, has or had an
ownership, beneficial, possessory, or other legal interest in andlor exercised dominion
and control over each item of property that is subject to forfeiture herein;

AND WHEREAS, the defendant knowingly and expressly agrees to waive the .
requirements of Federal Rules of Criminal Procedure 11(b)(1)(J), 32.2(a), 32.2(b)(1),

32.2(b)(4), and 43(a), including waiver of any defect respecting notice of the forfeiture

1

Case 4:23-cr-OO066-FL Document55 Filed 08/08/25 Page1of6
in the charging instrument or the plea colloquy; waiver of the right to a hearing to
present additional evidence respecting the forfeitability of any specific property or the
amount of any forfeiture money judgment; waiver of the right to be present during
any judicial proceeding respecting the forfeiture of the property that is the subject of
this Order of Forfeiture or to receive further notice of the same; waiver of any defect
respecting the announcement of the forfeiture at sentencing; and waiver of any defect
respecting the inclusion of the forfeiture in the Court’s judgment;

AND WHEREAS, the defendant knowingly and expressly agrees that the
provisions of this Consent Preliminary Order of Forfeiture are intended to, and shall, |
survive the defendant’s death, notwithstanding the abatement of any underlying
criminal conviction after the entry of this Order; and that the forfeitability of any
particular property identified herein shall be determined as if defendant had
survived, and that determination shall be binding upon defendant’s heirs, successors
and assigns until the agreed forfeiture, including any agreed money judgment
amount, is collected in full;

Now, THEREFORE, based upon the Memorandum of Plea Agreement, the
stipulations of the parties, and all of the evidence of record in this case, the Court
FINDS as fact and CONCLUDES as a matter of law that there is a nexus between
each item of property listed below and the offense(s) to which the defendant has |
pleaded guilty, and that the defendant (or any combination of defendants in this case)

has or had an interest in the property to be forfeited,

Case 4:23-cr-00066-FL Document55 Filed 08/08/25 Page 2 of 6
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that:
1. The following property is forfeited to the United States pursuant to Fed.

R. Crim. P. 32.2(b)(2) and 18 U.S.C. §§ 924(d) and 3665:

Personal Property:

a) One Taurus G8 9mm pistol bearing serial number ABD475887,
seized on October 2, 2028, from the rear floorboard of a silver Nissan
Altima which Trevonta Asharay Lynch was driving in Halifax Count,
North Carolina, and any and all associated ammunition.

2. Pursuant to Fed. R. Crim. P. 32.2(b)(8) and 32.2(c)(1)(B), the United’
States is authorized to conduct any discovery pursuant to the applicable Federal
Rules of Civil Procedure needed to identify, locate, or dispose of the above-referenced
property, or other substitute assets, including depositions, interrogatories, requests
for production of documents and for admission, and the issuance of subpoenas.

3. 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 provide notice of this
Order and of its intent to dispose of the specified real and/or personal property listed
above, by publishing and sending notice in the same manner as in civil forfeiture
cases, as provided in Rule G(4) of the Supplemental Rules for Admiralty or Maritime
Claims and Asset Forfeiture Actions. The United States shall then file a Notice with
the Court documenting for the record: (1) proof of publication, or the government’s
reliance on an exception to the publication requirement found in Supplemental Rule

G(4)(a)G); and (2) the government’s efforts to send direct notice to all known potential

Case 4:23-cr-O0066-FL Document55 _ Filed 08/08/25 Page 3of6
third-party claimants in accordance with Supplemental Rule G(4)(b) Gi), or a
representation that no other potential claimants are known to the government. This
Order shall not take effect as the Court’s Final Order of Forfeiture until an
appropriate Notice has been filed and the time in which .any third parties with notice
of the forfeiture are permitted by law to file a petition-has expired.

4, Any person other than the above-named defendant, having or |
claiming any legal interest in the subject proneréy must, within 80 days of
the final publication of notice or of receipt of actual notice, whichever is
earlier, petition the Court to adjudicate the validity of the asserted interest
pursuant to Fed. R. Crim. P. 32.2(c)(1) and 21 U.S.C. § 853(n)(2). The petition
must be signed by the petitioner under penalty of perjury and shall 'set
forth: the nature and extent of the petitioner’s right, title, or interest in the
subject property; the time and circumstances of the petitioner’s acquisition
of the right, title, or interest in the property; any additional facts supporting
the petitioner’s claim: and the relief sought. The petition may be hand-
delivered to the Clerk at any federal courthouse within the Eastern District

of North Carolina or mailed to the following address:

U.S. District Court Clerk

Eastern District of North Carolina
P.O. Box 25670.

Raleigh, NC 27611

5. If one or more timely petitions are received by the Court, the Court will

. enter a separate scheduling order governing the conduct of any forfeiture ancillary

Case 4:23-cr-00066-FL Document 55__ Filed 08/08/25 Page 4 of 6
proceedings under Fed. R. Crim. P. 32.2(c). Following the Court’s disposition of all
timely filed petitions, a Final Order of Forfeiture that amends this Order as necessary
to account for any third-party rights shall be entered pursuant to Fed. R. Crim. P.
82.2(c)(2) and 21 U.S.C. § 853(n)(6). The receipt of a petition as to one or more specific
items of property shall not delay this Order of Forfeiture from becoming final, in
accordance with the following paragraph, as to any remaining property to which no
petition has been filed.

6. If no third party files a timely petition, or if this Court denies. and/or
dismisses all third party petitions timely filed, this Order shall become the Final
Order of Forfeiture, as provided by Fed. R. Crim. P. 32.2(c)(2), and the United States
shall dispose of the property according to law, including without limitation
liquidation by sale or any other commercially feasible means, destruction, and/or
retention or transfer of an asset for official use. The United States shall have clear
title to the property and may warrant good title to any subsequent purchaser or
transferee pursuant to 21 U.S.C. § 853(n)(7). If any firearm or ammunition subject
to this Order is in the physical custody of a state or local law enforcement agency at
the time this Order is entered, the custodial agency is authorized to a of the
forfeited property by destruction or incapacitation in accordance with its regulations,
when no longer needed as evidence.

7. Upon sentencing and issuance of the Judgment and Commitment Order,
the Clerk of Court is DIRECTED to incorporate a reference to this Order of Forfeiture

in the applicable section of the Judgment, as required by Fed. R. Crim. P.

Case 4:23-cr-O0066-FL Document55 - Filed 08/08/25 Page5of6
32.2(b)(4)(B). In accordance with Fed. R. Crim. P. 32.2(b)(4)(A), with the defendant’s

consent, this Order shall be final as to the defendant upon entry.
8. The Court shall retain jurisdiction to enforce this Order, and to amend

it as necessary, pursuant to Fed. R. Crim. P. 32.2(e).

SO ORDERED, this the 8th day of August , 209%

eo

L . FLANAGAN
UNITED STATES DISTRICT JUDGE

WE ASK FOR THIS:

" MICHAEL F. EASLEY, JR. a |
United States Attorney Trevonta Asharay lynch
Assistant United States ‘Attorney Attorney/for the Defendant

Criminal Division

Case 4:23-cr-O0066-FL Document55 _ Filed 08/08/25 Page6of6


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