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United States v. Goings

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

November 30, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
JASON ELIJAH GOINGS, Defendant.

          PRELIMINARY ORDER OF FORFEITURE AS TO JASON ELIJAH GOINGS

          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 Jason Elijah Goings (“Goings”, “Defendant”), based upon the following:

         1. On June 27, 2017, an Indictment was filed charging Goings with drug trafficking, in violation of 21 U.S.C. § 841 and firearm offenses, in violation of 18 U.S.C. §' 922(g) and 924(c).

         2. Pursuant to Fed. R. Crim. P. 32.2(a), the Indictment contained a notice of forfeiture providing that upon Goings' 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. Proceeds/Money Judgment:[1]

A sum of money equal to all property the Defendant obtained as a result of the drug offenses charged in the Indictment, and all interest and proceeds traceable thereto as a result for his violations of 21 U.S.C. § 841.

         B. Firearm and ammunition:

1. Glock 27, 40 caliber pistol (serial number BF722US) Asset ID: 16-ATF-028953
2. Charter Arms .38 caliber revolver (serial number 171767)[2]Asset ID: 16-ATF-028955
3. Miscellaneous rounds of ammunition Asset ID: 16-ATF-028954

         3. On November 21, 2017, Goings pled guilty pursuant to a written plea agreement to Count 1, which charges possession with intent to distribute 28 grams or more of cocaine base, a quantity of cocaine, and a quantity of marijuana, in violation of 21 U.S.C. 841(a)(1) and to Count 2, which charges possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A), and agreed to voluntary abandon all right, title and claim in the firearms and ammunition.

         4. Based upon Defendant's conviction, the court has determined that the property described above is subject to forfeiture, pursuant to 18 U.S.C. § 924(d), 21 U.S.C. §§ 853 and 881, 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 Goings has been convicted; therefore, the United States is entitled to a preliminary order of forfeiture, ...


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