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[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 14-11776
Non-Argument Calendar
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D.C. Docket No. 1:12-cr-20468-JAL-2
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MICHAEL GARRETT CHAVOUS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Florida
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(December 10, 2014)
Before TJOFLAT, JULIE CARNES and FAY, Circuit Judges.
PER CURIAM:
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On June 21, 2012, Michael Chavous and three others were charged in a two-
count indictment with conspiracy to possess with intent to distribute cocaine, in
violation of 21 U.S.C. § 846, Count 1, and the substantive possession offense,
Count 2, in violation of 21 U.S.C. § 841(a)(1). The indictment also contained a
forfeiture allegation which stated that upon conviction of either count,
the defendants shall forfeit to the United States any property
constituting or derived from any proceeds which the defendant
obtained, directly or indirectly, as the result of such violations, and
any property which the defendants used or intended to be used in any
manner or part to commit or to facilitate the commission of the said
violations.
[] The property subject to forfeiture includes, but is not limited to:
a) $65,000 in U.S. Currency;
b) One (1) FM Detective 9mm pistol, Serial Number 361135, and
eight (8) rounds of 9mm ammunition; and
c) One (1) Taurus Millennium Pro 145 .45 caliber pistol, Serial
Number NAM01210, and ten (10) rounds of .45 caliber
ammunition.
Law enforcement officers seized these items when Chavous and a codefendant met
with a confidential FBI agent, who was posing as a narcotics trafficker, at a
warehouse and were arrested during the course of a purported drug transaction.
Chavous and the codefendant agreed to receive five kilograms of cocaine in
exchange for $65,000, which they had brought with them.
Chavous entered into a plea agreement with the government that called for
him to plead guilty to the Count 1 conspiracy and to forfeit to the government the
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property listed in the forfeiture allegation of the indictment. On September 4,
2012, Chavous pled guilty to the Count 1 offense. In doing so, he admitted the
facts stated in the government’s proffer, including his statement to the arresting
officers that he intended to use the $65,000 to purchase cocaine. The court
accepted Chavous’s guilty plea and on November 26, 2012, sentenced him to
prison for 135 months. The court also ordered forfeiture of the property described
in the plea agreement. Chavous appealed his conviction and sentence (but not the
forfeiture order). We affirmed. United States v. Chavous, 522 F. App’x 799 (11th
Cir. 2013).
On January 22, 2014, Chavous, proceeding pro se, filed a Petition for
Hearing for Equal Rights in which he claimed that he was entitled to the $65,000
forfeited to the government because there were no drugs at the warehouse and,
thus, the currency could not be subject to forfeiture. The district court referred the
petition to a magistrate judge who issued a report recommending that the court
deny the petition. He found that the petition was baseless because Chavous had
admitted that the money was to be used to purchase cocaine and therefore
constituted “property used, or intended to be used, in any manner or part, to
commit, or to facilitate the commission of, [a drug offense],” within the ambit of
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the forfeiture statute, 21 U.S.C. § 853(a)(2). 1 The district court adopted the
recommendation and denied Chavous’s petition. Chavous now appeals.
We find no error in the district court’s decision. We construe Chavous’s
petition as a motion made pursuant to Rule 41(g) of the Federal Rules of Criminal
Procedure for the return of seized property. First, by the explicit terms of his plea
agreement, Chavous agreed to relinquish any and all rights, interest, and title to the
$65,000, and he cannot now demonstrate a possessory interest in this property that
he voluntarily agreed to surrender. Furthermore, based on his admitted intent to
use the money in a drug trafficking crime and his attempts to disclaim his prior
representations about the $65,000, he came to the district court with unclean hands
in filing his petition, and the district court would not have erred in denying him
equitable relief on this basis. See United States v. Howell, 425 F.3d 971, 974 (11th
Cir. 2005); Cuddeback v. Fla. Bd. of Educ., 381 F.3d 1230, 1235–36 (11th Cir.
2004).
AFFIRMED.
1
Any person convicted of a felony drug offense under Title 21 of the United States Code
shall forfeit to the United States “any of the person’s property used, or intended to be used, in
any manner or part, to commit, or to facilitate the commission of, such violation.” 21 U.S.C.
§ 853(a)(2).
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