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United States v. Hemingway

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

September 21, 2016

UNITED STATES OF AMERICA
v.
MARCUS DALTON HEMINGWAY, a/k/a “Face” ROBERT EARL HEMINGWAY, JR., a/k/a “Booda”

          FINAL ORDER OF FORFEITURE AS TO 1808 NINTH AVENUE, CONWAY, SC

          BRUCE HOWE HENDRICKS, UNITED STATES DISTRICT JUDGE

         This matter is before the Court upon motion of the United States for a final order of forfeiture as to Marcus Dalton Hemingway and Robert Earl Hemingway, Jr. (“Defendants”). The United States makes this motion after the Defendants' conviction of conspiracy to commit drug trafficking, the entry of Preliminary Orders of Forfeiture, and based upon the following:

         1. On April 14, 2015, a Federal Grand Jury in the District of South Carolina returned a Superseding Indictment in which the Defendants were charged with conspiracy to commit drug trafficking, in violation of 21 U.S.C. §§ 846 and 841(a)(1).

         2. The Superseding Indictment provided that upon conviction, certain property enumerated therein, or equivalent substitute assets, would be subject to forfeiture to the United States, pursuant to Title 21, United States Code, Sections 853 and 881, and Title 28, United States Code, Section 2461(c).

         3. On July 14, 2015, Marcus Dalton Hemingway pled guilty to the conspiracy to commit drug trafficking charge. On January 6, 2016, Robert Earl Hemingway, Jr. pled guilty to the conspiracy to commit drug trafficking charge.

         4. Based upon the Defendants' convictions, this court entered Preliminary Orders of Forfeiture (ECF Nos. 229 and 281), ordering the Defendants to forfeit all of their right, title and interest in the below-described properties to the United States in accordance with 21 U.S.C. § 853, subject to third party claims:

         Cash/Currency[1]:

1. $106, 830.00 U.S. Currency seized on April 9, 2015 Seized from: Bobby Wayne Hemingway and Nicolette Hemingway Asset ID: 15-DEA-611658
2. $56, 384.00 U.S. Currency seized on April 9, 2015 Seized from Robert Earl Hemingway, Jr. Asset ID: 15-DEA-611661
Real Property:
1. Foster Avenue, Lot 9[2]Conway, South Carolina
Real property with the address of Foster Avenue, Conway, South Carolina, in the name of Bobby Hemingway and Nicholette Hemingway formally described as follows:
All and singular that certain piece, parcel or lot of land near the Town of Conway, Conway Township, county and State aforesaid and being Lot No. 9 of block D of the Brantley Lands, as shown by map by S.D. Cox dated April II, 1936, in the office of the RNC for Horry.
This being the same property heretofore conveyed to John Gore by deed in the office of the Register of Deeds for Horry County, ...

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