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United States v. Little

United States District Court, D. South Carolina, Florence Division

March 21, 2016

UNITED STATES OF AMERICA
v.
KORY ALEXANDER LITTLE

          PRELIMINARY ORDER OF FORFEITURE AS TO KORY ALEXANDER LITTLE

          BRUCE HOWE HENDRICKS, UNITED STATES DISTRICT JUDGE.

         This matter is before the court on the motion of the Unit ed States for a Preliminary Order of Forfeiture as to Defendant Kory Alexander Little ("Little, " "Defendant"), based upon the following:

         1. On November 5, 2014 a one count Indictment was filed charging Little with being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C. § 922(g)(1).

         2. Pursuant to Fed. R. Crim. P. 32.2(a), the Indictment contained a forfeiture allegation providing that upon Little's conviction, certain properties enumerated therein, or equivalent substitute assets, would be subject to forfeiture to the United States. As specified therein, such assets include, but are not limited to the following:

         A. Firearm and Ammunition:

Hi-Point, model JHP, .45 caliber pistol
Serial Number: X4136220
Asset ID: 14-ATF-024065
12 Rounds of .45 caliber ammunition
Asset ID: 14-ATF-024066

         3. On March 17, 2016, Little was found guilty by a jury of count one of the indictment, being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C.§ 922(g)(1), 924(a)(2) and 924(e). Following the jury's verdict, the Court found by a preponderance of t he evidence that the Government established that the Hi-Point, model J HP, .45 caliber pistol and 12 rounds of .45 caliber ammunition were involved in or used in the commission of the offense.

         4. Based upon Little's conviction, the court has determined that the property described above is subject to forfeiture, pursuant to 18 U.S.C. § 924(d) and 28 U.S.C. § 2461(c).

         5. The court has determined that the government has established the requisite nexus between the said property subject to forfeiture and the offense for which Little has been convicted; therefore, the United States is entitled to a preliminary order of forfeiture, subject to the provisions of 21 U.S.C. § 853 governing third party rights.

         Accordingly, it is hereby ORDERED, 1. The following property is hereby forfeited to the United States of America, along with all right, title, and interest of the ...


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