Case 9:12-cr-00005-RC-KFG Document 35

Filed 11/08/12 Page 1 of 4 PageID #: 142

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION UNITED STATES OF AMERICA v. DAVID BRIAN WEBB

NO. 9:12CR5 Judge Ron Clark

MOTION FOR ISSUANCE OF A FINAL ORDER OF FORFEITURE The United States of America, by and through the United States Attorney for the Eastern District of Texas, and the undersigned Assistant United States Attorney, and respectfully moves this Court for a Final Order of Forfeiture in the above-styled case. In support of, the United States would show the following: 1. On May 3, 2012 this Court entered a Preliminary Order of Forfeiture,

forfeiting to the United States the defendant's interest in the following property pursuant to 18 U.S.C. 1028(g), (h) and 21 U.S.C. 853. Personal Property 1. A set of credentials for the United States Drug Enforcement Administration; An United States Drug Enforcement badge; CMMG Inc. rifle, model MOD4, .223 caliber, bearing serial number A9950; Seven (7) .223 caliber magazines; One hundred fifty (150) live rounds of .223 ammunition; FNH shotgun, model FN TPS, 12 gauge, bearing serial number FL104321;

2. 3.

4. 5. 6.

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7. 8. 9. 10. 11. 12.

Thirty-five (35) rounds of live 12 gauge ammunition; Sixty-four (64) rounds of live 9mm ammunition; Seven (7) rounds of live .45 caliber ammunition; One hundred one (101) rounds of live .40 caliber ammunition; Three (3) .40 caliber magazines; CZ pistol, model CZ75 B, .40 caliber, bearing serial number A7953X; Eighteen (18) rounds of live .40 caliber ammunition; Two (2) .40 caliber magazines; Springfield Armory pistol, model XDM, .40 caliber, bearing serial number MG193878; and Any and all other associated ammunition.

13. 14. 15.

16. Conveyance

A black 2011 Dodge Charger equipped with a "Police Interceptor" package, including LED lights, siren, dash camera video recorder, radio, scanner, and post mount LED spotlights. 2. The United States posted notice of the forfeiture on an official government

internet site (www.forfeiture.gov) for at least 30 consecutive days beginning May 11, 2012 and ending on June 9, 2012, as required by 21 U.S.C. 853(n)(1), Rule G(4)(a)(iv)(C) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, and the Attorney General's authority to determine the manner of publication of an order of forfeiture in a criminal case.

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3.

No party has made a claim to or declared any interest in the above-

described forfeited property. The United States moves this Court for a Final Order of Forfeiture declaring the aforementioned property forfeited as to all parties and vesting full right, title and interest in the property to the United States and directing the United States and/or the custodial agency to dispose of the property according to law. Respectfully submitted, JOHN M. BALES UNITED STATES ATTORNEY /s/ Reynaldo P. Morin Reynaldo P. Morin Assistant United States Attorney Texas Bar No. 000789504 Eastern District of Texas 415 S. First Street, Suite 201 Lufkin, Texas 75901 (936) 639-4003 (936) 639-4033 (fax) reynaldo.morin@usdoj.gov

CERTIFICATE OF SERVICE I certify that a copy of the foregoing Motion for Issuance of a Final Order of Forfeiture has been delivered via CM/ECF system to George D. Murphy, Jr., attorney for defendant, on November 8, 2012.

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CERTIFICATE OF CONFERENCE I certify that George D. Murphy, Jr., attorney for defendant, is aware the Government is filing this Motion for Issuance of a Final Order of Forfeiture and proposed Order.

/s/ Reynaldo P. Morin REYNALDO P. MORIN Assistant United States Attorney

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Case 9:12-cr-00005-RC-KFG Document 35-1

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION UNITED STATES OF AMERICA v. DAVID BRIAN WEBB

NO. 9:12CR5 Judge Ron Clark

FINAL ORDER OF FORFEITURE On May 3, 2012, this Court entered a Preliminary Order of Forfeiture pursuant to the provisions of 18 U.S.C. 1028(g), (h) and 21 U.S.C. 853: The United States posted notice of the forfeiture on an official government internet site (www.forfeiture.gov) for at least 30 consecutive days, beginning on May 11, 2012, and ending on June 9, 2012, as required by 21 U.S.C. 853(n)(1), Rule G(4)(a)(iv)(C) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, and the Attorney General's authority to determine the manner of publication of an order of forfeiture in a criminal case; It appears from the record that no claims, contested or otherwise, have been filed for the property described in this Court's Preliminary Order of Forfeiture. It is ORDERED, ADJUDGED and DECREED: 1. That the right, title and interest to all of the hereinafter described property of the defendant named is condemned, forfeited and vested in the United States of America, and shall be disposed of according to law:

Final Order of Forfeiture Page 1

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Personal Property 1. A set of credentials for the United States Drug Enforcement Administration; An United States Drug Enforcement badge; CMMG Inc. rifle, model MOD4, .223 caliber, bearing serial number A9950; Seven (7) .223 caliber magazines; One hundred fifty (150) live rounds of .223 ammunition; FNH shotgun, model FN TPS, 12 gauge, bearing serial number FL104321; Thirty-five (35) rounds of live 12 gauge ammunition; Sixty-four (64) rounds of live 9mm ammunition; Seven (7) rounds of live .45 caliber ammunition; One hundred one (101) rounds of live .40 caliber ammunition; Three (3) .40 caliber magazines; CZ pistol, model CZ75 B, .40 caliber, bearing serial number A7953X; Eighteen (18) rounds of live .40 caliber ammunition; Two (2) .40 caliber magazines; Springfield Armory pistol, model XDM, .40 caliber, bearing serial number MG193878; and Any and all other associated ammunition.

2. 3.

4. 5. 6.

7. 8. 9. 10. 11. 12.

13. 14. 15.

16. Conveyance

A black 2011 Dodge Charger equipped with a "Police Interceptor" package, including LED lights, siren, dash camera video recorder, radio, scanner, and
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post mount LED spotlights. 2. That the forfeited property shall be disposed of by the United States and/or the

custodial agency in such manner as the United States Attorney General may direct.

Final Order of Forfeiture Page 3