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United States v. Goodwin

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

June 27, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
HARRY LEE GOODWIN, 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 Harry Lee Goodwin (“Goodwin”, “Defendant”), based upon the following:

         1. On November 15, 2017, a multi-count Indictment was filed charging Goodwin with drug trafficking, in violation of 21 U.S.C. § 841, and being a felon in possession of ammunition, 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 Goodwin'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. Ammunition:
50 cartridges of .223 Remington ammunition marked with a HORNADY and 223 REM headstamp; 1 cartridge of 30-30 Winchester ammunition marked with a 30-30 WIN headstamp; and one cartridge of .380 Automatic Colt Pistol ammunition marked with a WIN and 380 AUTO headstamp.
Seized from: Harry Lee Goodwin Asset ID: 18-ATF-017941

         3. On January 29, 2018, Goodwin pled guilty pursuant to a written plea agreement to the charge of possession with intent to distribute a quantity of heroin, a Schedule 1 controlled substance; and a quantity of cocaine base (commonly referred to as “crack” cocaine) (Count 6), in violation of 21 U.S.C. § 841. The written plea agreement provided that Defendant would voluntarily abandon all right, title and claim in the ammunition seized from him to the United States.

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

         A. Ammunition:

50 cartridges of .223 Remington ammunition marked with a HORNADY and 223 REM headstamp; 1 cartridge of 30-30 Winchester ammunition marked with a 30-30 WIN headstamp; and one cartridge of .380 Automatic Colt Pistol ...

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