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United States v. Li

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

June 25, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
QIFENG LI, Defendant.

          ORDER

          JOHN C. COUGHENOUR UNITED STATES DISTRICT JUDGE.

         This matter comes before the Court on the United States' motion for preliminary forfeiture (Dkt. No. 136). Having thoroughly considered the motion and the relevant record, the Court hereby GRANTS the motion for the reasons explained herein.

         Following Defendant's conviction for conspiracy to manufacture and distribute marijuana (Dkt. No. 153), the United States seeks to forfeit his interest in the following property to the United States:

• The real property located at 6916 South 124th Street, Seattle, Washington 98178, titled in the name of Qifeng Li;
• The real property located at 8310 37th Avenue South, Seattle, Washington 98118, titled in the name of Beaver Creek 7, LLC; and,
• A sum of money in the amount of $159, 210, which represents proceeds Defendant personally obtained from committing the offense of conspiracy to manufacture and distribute marijuana.

         The Court, having reviewed the United States' motion, as well as the other papers and pleadings filed in this matter, hereby FINDS entry of a preliminary order of forfeiture is appropriate because:

• Property representing proceeds of the offense of conspiracy to manufacture and distribute marijuana, 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B), and 846, as well as property that facilitated that offense, is forfeitable pursuant to 21 U.S.C. § 853;
• In his plea agreement, Defendant agreed to forfeit the above-identified property pursuant to 21 U.S.C. § 853 as it reflects proceeds he personally obtained from his commission of conspiracy to manufacture and distribute marijuana and/or property that facilitated the offense (Dkt. No. 117 at 4-5); and
• The sum of money is personal to Defendant. Pursuant to Federal Rule of Criminal Procedure 32.2(c)(1), it does not require any third-party ancillary process and will be finally forfeited at his sentencing.

         For the foregoing reasons, United States' motion for forfeiture (Dkt. No. 136) is GRANTED. The Court further ORDERS that:

1. Pursuant to 21 U.S.C. § 853 and his plea agreement (Dkt. No. 117), Defendant's interest in the above-identified property is fully and finally forfeited, in its entirety, to the United States;
2. Pursuant to Federal Rule of Criminal Procedure 32.2(b)(4)(A)-(B), this preliminary order will be final as to Defendant at the time he was sentenced, it will be made part of the sentence, and it will be included in the judgment;
3. No right, title, or interest in the identified sum of money exists in any party other ...

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