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United States v. Evelyn Blevins — Order of Forfeiture, Eastern District of Tennessee (Document 76)

Summary

An Order of Forfeiture as to defendant Evelyn Blevins in United States v. Allison et al., Case No. 1:23-cr-44, in the U.S. District Court for the Eastern District of Tennessee, filed July 24, 2024 as Document 76. It recites that the Superseding Indictment (Doc. 12) filed June 27, 2023 charged the defendant under 18 U.S.C. § 1343 in Count Three, that a Plea Agreement (Doc. 52) was filed January 26, 2024, and that the defendant pleaded guilty to Counts Three and Four on March 14, 2024. The order enters a personal money judgment of $109,683.00 in favor of the United States under 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c), final as to the defendant at sentencing. It is entered over the /s/ of United States District Judge Curtis L. Collier.

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Cite this document

“United States v. Evelyn Blevins — Order of Forfeiture, Eastern District of Tennessee (Document 76).” Original at ecf.tned.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-of-forfeiture-usa-v-allison-et-al-dkt-76-838dd14696/, SHA-256 1c141e56413292c6c45095905c4be8da403edaa570ebe400d65e9a0f8abab129.

Full text

                             UNITED STATES DISTRICT COURT
                            EASTERN DISTRICT OF TENNESSEE
                                   AT CHATTANOOGA

UNITED STATES OF AMERICA                             )
                                                     )
                                                     )       1:23-cr-44
v.                                                   )
                                                     )       Judge Collier/Lee
                                                     )
EVELYN BLEVINS                                       )

                                  ORDER OF FORFEITURE

       On June 27, 2023, a Superseding Indictment (Doc. 12) was filed in the above-referenced

case, charging Evelyn Blevins, with conspiracy to commit wire and aggravated identity theft in

violation of 18 U.S.C. § 1343 (Count Three), among other charges.

       In the forfeiture allegations of the Superseding Indictment, the United States sought

forfeiture pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c) of the Defendant’s interest

in any property, real or personal, constituting, or traceable to the proceeds of any violation of 18

U.S.C. § 1343.

       A Plea Agreement (Doc. 52) was filed on January 26, 2024. On March 14, 2024, the

Defendant pled guilty to Counts Three and Four, as charged in the Superseding Indictment and

agreed to facts sufficient to support the plea, and forfeiture of property as listed in the Plea

Agreement. Pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c), the Defendant agreed

to a personal money judgment in the amount of $109,683.00, representing the proceeds the

Defendant personally obtained as a result of the violations of 18 U.S.C. § 1343. Further, the United

States has established the requisite nexus between the money judgment and the violations charged

in Count Three of the Superseding Indictment.




Case 1:23-cr-00044-CLC-MJD           Document 76 Filed 07/24/24            Page 1 of 3      PageID
                                           #: 603
       Federal Rule of Criminal Procedure 32.2(c)(1) provides that “no ancillary proceeding is

required to the extent that the forfeiture consists of a money judgment.” Because no ancillary

proceeding is required, it is appropriate to enter an order of forfeiture at this time, which will

become final as to the Defendant at the time of sentencing.

       Accordingly, it is hereby ORDERED, ADJUDGED, and DECREED that:

       1.      Based upon the conviction of the Defendant for offense in violation of 18 U.S.C. §

1343, and pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c), and Federal Rule of

Criminal Procedure 32.2(b), the United States is entitled to:

               Money Judgment

               A personal money judgment in favor of the United States and against the
               Defendant, EVELYN BLEVINS in the amount of $109,683.00,
               representing the proceeds the Defendant personally obtained as a result of
               the Defendant’s violations of 18 U.S.C. § 1343.

       2.      In accordance with Federal Rules of Criminal Procedure 32.2(b)(4)(A) and

(b)(4)(B), this Order of Forfeiture will become final as to the Defendant at the time of sentencing

and will be made part of the sentence and included in the Judgment.

       3.      The United States may, at any time, move pursuant to Federal Rule of Criminal

Procedure 32.2(e) to amend this Order of Forfeiture to substitute property having a value not to

exceed $109,683.00 to satisfy the money judgment in whole or in part.

       4.      The Court shall retain jurisdiction to enforce this Order, and to amend it as

necessary, pursuant to Federal Rule of Criminal Procedure 32.2(e).




                                                 2


Case 1:23-cr-00044-CLC-MJD           Document 76 Filed 07/24/24            Page 2 of 3      PageID
                                           #: 604
       5.      The Clerk of this Court shall provide a certified copy of this Order to the United

States Attorney’s Office.

                                            ENTER:


                                            /s/
                                            CURTIS L. COLLIER
                                            United States District Judge

       Submitted by:

       FRANCIS M. HAMILTON III
       United States Attorney

By:    s/ Steven S. Neff
       Steven S. Neff, BPR # GA 537187
       Assistant United States Attorney
       1110 Market Street, Suite 515
       Chattanooga, Tennessee 37402
       (423) 752-5140
       Steven.Neff@usdoj.gov




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Case 1:23-cr-00044-CLC-MJD          Document 76 Filed 07/24/24             Page 3 of 3   PageID
                                          #: 605


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