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United States v. Pierce

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

December 6, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
LECEPHRUS PIERCE, 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 Lecephrus Pierce (“Pierce”, “Defendant”), based upon the following:

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

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

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, Model 22, .40 caliber pistol Serial number CCS754US Asset ID: 18-ATF-002695
2. .22 North American Arms Revolver Serial number E173448 Asset ID: 18-ATF-002698
3. Miscellaneous rounds of ammunition Asset ID: 18-ATF-002699 18-ATF-002700

         3. On November 3, 2017, Pierce pled guilty pursuant to a written plea agreement to the charge of possession with intent to distribute a quantity of cocaine (Count 1), in violation of 21 U.S.C. § 841(a)(1) and the charge of possession and use of a firearm in furtherance of a drug trafficking crime (Count 3) in violation of 18 U.S.C. § 924 (c)(1)(A). The written plea agreement provided the Defendant would forfeit his interest in the firearms and ammunition to the United States.

         4. Based on Defendant's conviction and other matters of record, the Court has determined that Pierce 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), 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 Pierce 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 ...


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