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United States v. Waxman

United States District Court, W.D. Washington, Seattle

April 16, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
JACOB WAXMAN, Defendant.

          NEAL B. CHRISTIANSEN Assistant United States Attorney United States Attorney's Office

          [PROPOSED] PRELIMINARY ORDER OF FORFEITURE

          HON. ROBERT S. LASNIK UNITED STATES DISTRICT JUDGE.

         THIS MATTER comes before the Court on the United States' Motion for Entry of a Preliminary Order of Forfeiture seeking to forfeit, to the United States, Defendant Jacob Waxman's interest in the following property:

1. One CZ 9mm caliber semiautomatic pistol bearing serial number A990459;
2. One Charter Arms .38 special caliber revolver bearing serial number 15-06926; and
3. One Rossi .44 magnum caliber rifle bearing serial number M186203.

         The Court, having reviewed the papers and pleadings filed in this matter, hereby FINDS that entry of a Preliminary Order of Forfeiture is appropriate because:

• The Defendant was charged by an Indictment that included forfeiture allegations providing notice that, pursuant to 18 U.S.C. § 924(d) and 28 U.S.C. § 2461(c), the United States was seeking the forfeiture of firearms and ammunition involved or used in the offenses charged in Counts 4 and 6 of the Indictment, including the above-identified property, (Dkt. No. 11, at 4-6);
• The Defendant agreed, pursuant to the Plea Agreement he entered, to forfeit his interest in the above-identified property, (Dkt. No. 29, ¶ 7); and
• The evidence in the record has established the requisite nexus between the above-identified property and the offenses of conviction, pursuant to Federal Rule of Criminal Procedure ("Fed. R. Crim. P.") 32.2(b)(1)(A)-(B).

         NOW, THEREFORE, THE COURT ORDERS:

         1) Pursuant to 18 U.S.C. § 924(d) and 28 U.S.C. § 2461 (c), the Defendant's interest in the above-identified property is fully and finally forfeited, in its entirety, to the United States.

         2) Pursuant to Fed. R. Crim. P. 32.2(b)(4)(A)-(B), this Preliminary Order will be final as to the Defendant at the time he is sentenced, it will be made part of the sentence, and it will be included in the judgment;

         3) The United States Department of Justice, and/or its authorized agents or representatives, shall maintain the property in its ...


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