USA v. West

OCR transcription for search; preserved printed pages are authoritative

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IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS

FAYETTEVILLE DIVISION
UNITED STATES OF AMERICA )
v. CRIMINAL NO. 5:12CR50046-001
LAERIC WEST

PRELIMINARY ORDER OF FORFEITURE

On July 11, 2012, a Grand Jury sitting in the Western District of Arkansas returned an
Indictment against the defendant, charging him with one count of having been previously convicted
of a crime punishable by imprisonment exceeding one year, knowingly possessed one or more
firearms, in violation of Title 18 U.S.C. §§ 922(g)(1) and 924(a)(2), and a forfeiture allegation.

In the forfeiture allegation of the Indictment, the United States ‘seeks forfeiture, pursuant to
Title 18 U.S.C. § 924(d) and Title 18 U.S.C. § 3665, of

1. Bryco, model T380, .380 caliber pistol, serial number 1425861

2. Any ammunition
as property involved in, or used to facilitate the offense.

On September 17, 2012, the defendant pleaded guilty to the Indictment. Pursuant to a plea
agreement entered into by the parties, the defendant agrees to forfeit all rights, title and interest to
the firearms listed in the Indictment. All of those firearms listed in the Indictment have been
administratively forfeited with the exception of the weapon listed above. The defendant
acknowledges that all property covered by the plea agreement is subject to forfeiture as property
facilitating illegal conduct, or property involved in illegal conduct giving rise to forfeiture, or as

substitute assets for property otherwise subject to forfeiture.

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

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Pursuant to the plea agreement, the defendant consents to the immediate entry of a
preliminary order of forfeiture upon entry of the guilty plea. The defendant further agrees that upon
entry of the preliminary order of forfeiture, such order will be considered final as to defendant’s
interests in the property(ies). The defendant agrees to immediately withdraw any claims to
property(ies) seized in connection with this case in any pending administrative and civil forfeiture
proceeding, and consents to the forfeiture of all properties seized in connection with this case to the
United States. The defendant agrees to execute any and all documents requested by the Government
to facilitate or complete the forfeiture process(es.) The defendant further agrees not to contest or
to assist any other person or entity in contesting the forfeiture of the property(ies) seized in
connection with this case.

Pursuant to the plea agreement, the defendant agrees to consent to the entry of orders of
forfeiture for such property and waives the requirements of Federal Rules of Criminal Procedure 32.2
and 43(a) regarding notice of the forfeiture in the charging instrument, announcement of the
forfeiture at sentencing, and incorporation of the forfeiture in the judgment. The defendant
acknowledges that he understands that the forfeiture of assets is part of the sentence that may be
imposed in this case and waives any failure by the court to advise him of this, pursuant to Rule
11(b)(1)(), at the time his guilty plea is accepted.

Pursuant to the plea agreement, the defendant further agrees to waive all constitutional and
statutory challenges in any manner (including direct appeal, habeas corpus, or any other means) to
any forfeiture carried out in accordance with the plea agreement on any grounds, including that the
forfeiture constitutes an excessive fine or punishment. The defendant agrees to take all steps as

requested by the United States to pass clear title to forfeitable assets to the United States, and to

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testify truthfully in any judicial forfeiture proceeding. The defendant also agrees that the forfeiture
provisions of the plea agreement are intended to, and will, survive him, notwithstanding the
abatement of any underlying criminal conviction after the execution of this agreement.

Accordingly, it is hereby ORDERED, DECREED AND ADJUDGED:

1. That based upon the guilty plea of the defendant, the following assets shall be forfeited
to the United States:

a. Bryco, model T380, .380 caliber pistol, serial number 1425861,

b. Any ammunition,
as property facilitating illegal conduct, or property involved in illegal conduct giving rise to
forfeiture, or as substitute assets for property otherwise subject to forfeiture.

2. Pursuant to Fed. R. Crim. P. 32.2(b)(3), upon entry of this order, the United States is
authorized to seize any specific property that is subject to forfeiture as set forth herein in this order
and the plea agreement, to conduct any discovery the Court considers proper in identifying, locating
or disposing of the property; and to commence proceedings that comply with any statutes governing
third-party rights.

3. Upon entry of this Order, the United States is authorized to commence any applicable
proceeding to comply with statutes governing third party rights, including giving notice of this Order.

4, The United States shall publish notice of this order pursuant to Fed. R. Crim. P.
32.2(b)(6).

5. That upon adjudication of all third-party interests, this Court will enter a Final Order of
Forfeiture pursuant to Federal Rule of Criminal Procedure 32.2(c), in which all interests will be

addressed.

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tt
ITIS SO ORDERED this_/ 7 day of September, 2012.

—_—

HONORABLE JIMM LARRY HENDRE
UNITED STATES DISTRICT JUDGE

Reviewed and consented to by:

U.S. DISTRICT COURT
WESTERN DISTRICT ARKANSAS
MLED

sep | 7 2012

CHRIS R. JOHNSON, CLERK

By
~= 5. DEPUTY CLERK

Bruce Eddy, Counsel for Def@ndant

Q Decl for.

David A. Narris, Assistant U.S. Attorney

e est, Defendant

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