United States v. Dwayne McMillian — Preliminary Order of Forfeiture (E.D.N.C., Document 32)

Summary

A preliminary order of forfeiture in United States v. Dwayne McMillian, No. 7:25-CR-00120-FL, in the U.S. District Court for the Eastern District of North Carolina, Southern Division, filed 07/13/26 as Document 32; the signature block names Louise W. Flanagan, United States District Judge. It recites that McMillian pleaded guilty under a written plea agreement to Count One of the Criminal Information, charging offenses under 18 U.S.C. § 1349. The order enters a forfeiture money judgment of $80,000.00, representing gross proceeds personally obtained by the defendant, for which the defendant is solely liable and which the United States may satisfy from substitute assets under 21 U.S.C. § 853(p). It also forfeits other property derived from proceeds of Count One and becomes final as to the defendant upon entry, with the defendant's consent.

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                 IN THE UNITED STATES DISTRICT COURT
             FOR THE EASTERN DISTRICT OF NORTH CAROLINA
                          SOUTHERN DIVISION

                                NO. 7:25-CR-00120-FL

 UNITED STATES OF AMERICA                  :
                                           :
              v.                           :         PRELIMINARY
                                           :      ORDER OF FORFEITURE
 DWAYNE MCMILLIAN                          :



      WHEREAS, the above-named defendant has pleaded guilty pursuant to a

written plea agreement as to Count One of the Criminal Information, charging the

defendant with offenses in violation of 18 U.S.C. § 1349 (Count One);

      AND WHEREAS, the government has filed a motion for entry of a Preliminary

Order of Forfeiture, showing unto the Court: that the defendant personally obtained

at least $80,000.00 in proceeds from the offense(s) for which he/she has been found

guilty, and that he/she made the proceeds unavailable as a result of his/her acts or

omissions and one or more of the conditions to forfeit substitute assets exists, as set

forth in 21 U.S.C. § 853(p); and 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 and/or exercised dominion and control over each item of

property that is subject to forfeiture herein;

      NOW, THEREFORE, based upon the defendant's guilty plea along with the

stipulations contained in the Memorandum of Plea Agreement, the points and

authorities in the government’s motion, and all of the evidence of record in this case,


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        Case 7:25-cr-00120-FL     Document 32     Filed 07/13/26   Page 1 of 4
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,

      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. § 981(a)(1)(C):

             Forfeiture Money Judgment:

             a) A sum of money in the amount of $80,000.00, representing the gross

                proceeds personally obtained by the defendant as a result of the

                offense(s) for which he/she has been convicted; and an amount for

                which the defendant shall be solely liable and in satisfaction of which

                the United States may forfeit substitute assets pursuant to 21 U.S.C.

                § 853(p);

             General Forfeiture Order:

             b) Any other property, not identified above, that constitutes or is

                derived from proceeds traceable to the offense(s) of conviction in

                Count One.

      2.     Pursuant to Fed. R. Crim. P. 32.2(b)(3) 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




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        Case 7:25-cr-00120-FL     Document 32      Filed 07/13/26   Page 2 of 4
property, or other substitute assets, including depositions, interrogatories, requests

for production of documents and for admission, and the issuance of subpoenas.

      3.     To the extent this Order constitutes a personal forfeiture money

judgment against the defendant, in accordance with Fed. R. Crim. P. 32.2(b)(6)(A),

the United States is not required to send or publish notice of the same, as there is no

specific property to be forfeited. However, this Order may be recorded in the records

of the Clerk of Court in any county in which the defendant resides or has either real

or personal property as a lien thereon. Pursuant to Rule 32.2(e) of the Federal Rules

of Criminal Procedure, the United States may move to amend this Order at any time

to forfeit other property in which the defendant has an interest, whether directly

forfeitable or substitute assets, to satisfy this forfeiture money judgment in whole or

in part; provided that the net proceeds of any subsequently forfeited assets shall be

credited toward satisfaction of the judgment upon liquidation.

      4.     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.

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.




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       Case 7:25-cr-00120-FL      Document 32     Filed 07/13/26     Page 3 of 4
      5.     The Court shall retain jurisdiction to enforce this Order, and to amend

it as necessary pursuant to Fed. R. Crim. P. 32.2(e), when additional specific or

substitute property is identified.

      SO ORDERED, this the 13th
                           ____ day of _________________________, 2026.
                                                July




                                     ___________________________________________
                                     LOUISE W. FLANAGAN
                                     UNITED STATES DISTRICT JUDGE




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        Case 7:25-cr-00120-FL        Document 32    Filed 07/13/26   Page 4 of 4


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