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United States v. Castillo-Pacheco

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

November 29, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
EPIFANIO CASTILLO-PACHECO, Defendant.

          PRELIMINARY ORDER OF FORFEITURE

          R. Bryan Harwell 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 Epifanio Castillo-Pacheco (“Castillo-Pacheco”, “Defendant”), based upon the following:

         1. On March 28, 2017, a multi-count Indictment was filed charging Castillo-Pacheco with:

Count 1: Drug trafficking, in violation of 21 U.S.C. § 841;
Count 5: Illegal alien in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(3)(A); and
Count 6: Reentry of removed aliens, in violation of 8 U.S.C. §1326.

         2. Pursuant to Fed. R. Crim. P. 32.2(a), the Indictment contained a notice of forfeiture providing that upon Castillo-Pacheco's 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:

(1) Total Cash Proceeds:[1]
A sum of money equal to all property the Defendants obtained, directly or indirectly for, or used to facilitate, the Title 21 offenses charged in the Indictment, that is, a minimum of approximately $177, 989.00 in United States currency and all interest and proceeds traceable thereto, in that such sum in the aggregate constitutes proceeds the Defendants obtained directly or indirectly as the result of such violations of Title 21, United States Code or were used to facilitate such violations.
(2) Cash/Currency Seized:[2]
(a) $177, 989.00 of currency seized on March 8, 2017, from 3538 Alex Drive, Galivants Ferry, South Carolina Asset ID: 17-ICE-001560
(3) Firearms and Ammunition Seized:[3]
(a) Kassnar Imports MBK-9HP 9mm pistol (serial number OR0805); Glock 42 .380 caliber pistol (serial number ACEK278); Various rounds of 9mm ammunition, and .380 caliber ammunition, all seized on March 8, 2017, from 3538 Alex Drive, Galivants Ferry, South Carolina Asset ID: 17-ICE-001561

         3. On October 24, 2017, Castillo-Pacheco pled guilty pursuant to a written plea agreement to Count 1, possession with intent to distribute a quantity of cocaine, in violation of 21 U.S.C. § 841(a)(1) and ...


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