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UNITED STATES DISTRICT COURT as tarn Distrtcautrt
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FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
NO. 5:23-CR-21-lFL-RN
UNITED STATES OF AMERICA )
)
v. ) INDICTMENT
)
CARLOS ALSTON )
The Grand Jury charges that:
COUNT ONE
On a date unknown to the Grand Jury, but in or about December 2022, in the
Eastern District of North Carolina, the defendant, CARLOS ALSTON, knowing he
was then under indictment by the State of North Carolina for a crime punishable by
imprisonment for a term exceeding one year, that being: assault with a deadly
weapon with intent to kill and inflicting serious injury, did willfully receive a firearm,
said firearm having been shipped and transported in interstate commerce, m
violation of Title 18, United States Code, Sections 922(n) and 924.
COUNT TWO
On or about January 4, 2023, in the Eastern District of North Carolina, the
defendant, CARLOS ALSTON, knowing he was an unlawful user of and addicted to
any controlled substance, including marijuana, a Schedule I Controlled Substance,
did knowingly possess in and affecting commerce, a firearm, in violation of Title 18,
United States Code, Sections 922(g)(3) and 924.
Case 5:23-cr-00021-FL-RN Document 11 Filed 01/24/23 Page 1 of 3
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FORFEITURE NOTICE
Notice is hereby given that all right, title and interest in the property described
herein is subject to forfeiture.
Upon conviction of any violation of the Gun Control Act, the National Firearms
Act, or any other offense charged herein that involved or was perpetrated in whole or
in part by the use of firearms or ammunition, the defendant shall forfeit to the United
States, pursuant to 18 U.S.C. § 924(d) and/or 26 U.S.C. § 5872, as made applicable by
28 U.S.C. § 2461(c), any and all firearms and ammunition that were involved in or
used in a knowing or willful commission of the offense, or that were intended to be
used in any offense identified in 18 U.S.C. § 924(d)(3) , or, pursuant to 18 U.S.C.
§ 3665, that were found in the possession or under the immediate control of the
defendant at the time of arrest.
The forfeitable property includes, but is not limited to, the following:
Personal Property:
a) One Smith & Wesson SD9VE 9mm pistol, bearing serial number FZL8687,
seized on January 4, 2023, from CARLOS ALSTON and any and all
associated ammunition.
If any of the above-described forfeitable property, as a result of any act or
omission of a defendant: cannot be located upon the exercise of due diligence ; has
been transferred or sold to, or deposited with, a third party; has been placed beyond
the jurisdiction of the court; has been substantially diminished in value; or has been
commingled with other property which cannot be divided without difficulty; it is the
Case 5:23-cr-00021-FL-RN Document
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intent of the United States, pursuant to Title 21, United States Code, Section 853(p),
to seek forfeiture of any other property of said defendant up to the value of the
forfeitable property described above.
A 'rRTTR "RTT .T .•
DATE
MICHAEL F. EASLEY, JR.
United States Attorney
B~ES-
Assistant United States Attorney
Case 5:23-cr-00021-FL-RN Document
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