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United States v. Lee

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

December 1, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
BRANDON EMANUEL LEE, Defendant.

          PRELIMINARY ORDER OF FORFEITURE AS TO BRANDON EMANUEL LEE

          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 Brandon Emanuel Lee (“Lee”, “Defendant”), based upon the following:

         1. On July 25, 2017, an Indictment was filed charging Lee 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 Lee'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. Firearms/Ammunition:
1. Astra .357 revolver (Serial number R178634) Asset ID: 17-ATF-021946
2. Glock Model 22 .40 (Serial number LGS289) Asset ID: 17-ATF-021945
3. Glock Model 19 9mm (Serial number UZN326) Asset ID: 17-ATF-021945
4. Miscellaneous rounds of .357 Tulammo ammunition Asset ID: 17-ATF-021947
5. Miscellaneous rounds of .38 Winchester Asset ID: 17-ATF-021948

         3. On November 21, 2017, Lee pled guilty pursuant to a written plea agreement to Count 1 of the Indictment which charged possession with intent to distribute a quantity of marijuana and a quantity of methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and agreed to voluntarily abandon all right, title, interest 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 Lee has been convicted; therefore, the United States is entitled to a preliminary order of forfeiture, ...


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