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United States v. Wise

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

November 29, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
FREDRECQUIOUS WISE, Defendant.

          PRELIMINARY ORDER OF FORFEITURE

          J. MICHELLE CHILDS UNITED STATES DISTRICT JUDGE

         This matter is before the Court on the Motion of the United States for a Preliminary Order of Forfeiture as to Defendant Fredrecquious Wise (“Wise”, “Defendant”), based upon the following:

         1. On September 6, 2017, an Indictment was filed charging Wise with being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1).

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

(a) Firearm:
Smith & Wesson Pistol/Model SD40VE/Cal 40/SN: FYR3033 Asset ID: 17-ATF-029712
(b) Ammunition:
11 rounds of .40 ammunition Asset ID: 17-ATF-029713

         3. On October 26, 2017, pursuant to a written plea agreement, Wise pled guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1).

         4. Based on the Defendant's conviction and other matters of record, the Court has determined that Wise has an interest in the below-described property, and that the property is subject to forfeiture to the United States 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 Wise 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 Defendant Fredrecquious Wise, in and to such property.

(a) Firearm:
Smith & Wesson Pistol/Model SD40VE/Cal 40/SN: FYR3033 Asset ID: ...

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