United States v. Keys

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA Criminal No. 15-066 (EGS) V. FILED AZEIK KEYS, NOV 2 8 2016 Defendant. Clerk, U.S. District &Bankruptcy Courts for the District ol Columbia CONSENT ORDER OF FORFEITURE WHEREASy a written plea agreement was filed with this Court and signed bythedefendant anddefense counsel, Elita Amato, Esquire, in which the defendant agreed to plead guilty to Count One of the Indictment charging the offense of Unlawful Possession with Intent to Distribute Cocaine Base, in violation Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C), and the defendant has pled guilty to that offense; WHEREASy the Indictment alleged the forfeiture of property, that is, forfeiture of any property constituting, or derived from, any proceeds obtained, directly or indirectly, as the result of the offense charged In Count One and any property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of the offense charged in Count One; and the forfeiture of$1,370 seized incident to the defendant's arrest; which property is subject to forfeiture, pursuant to Title 21, United States Code, Section 853(a). WHEREAS, the Indictment further alleged that the United States will seek a forfeiture money judgment against the defendant for a sum of money equal to the value of any property constituting, or derived from, any proceeds obtained, directly or indirectly, as the result of the offense charged in Count One; WHEREAS, in the defendant's plea agreement, the defendant agreed to the forfeiture of the above property and the entryof a forfeiture money judgment in the amount of $1,370; WHEREAS, pursuant to Rules 32.2(b)(1) & (b)(2) of the Federal Rules of Criminal Procedure, thisCourt determines, based upon theevidence and information before it, including the defendant's plea hearing, that: (1) any property constituting, or derived from, any proceeds obtained, directly or indirectly, as a result of the violation alleged in Count One, and anyproperty used, or intended to be used, in any manner or part,to commit, or to facilitate the commission of the violation alleged in Count One is subject to forfeiture; (2) the following specific property is subject toforfeiture: $1,370 in United States currency seized from thesafe in thedefendant's room on April 17, 2015, and the Government has established the requisite nexus between the property and the offense; and (3) a personal moneyjudgment against the defendant in the amount of $1,370 is appropriate; all pursuant to Title 21, United Slates Code, Section 853; WHEREAS, Title 21, United States Code, Section 853(p) authorizes the forfeiture of substitute property; WHEREAS, upon entry of a forfeiture order, Rule 32.2(b)(3) of the Federal Rules of Criminal Procedure authorizes the Attorney General or a designee to conduct any discovery the Court considers proper in identifying, locating, or disposing of property subject to forfeiture; NOW THEREFORE, ITIS HEREBY ORDERED, ADJUDGED AND DECREED. 1. That the following property is declared forfeited to the United States, pursuant to Title 21, United States Code, Section 853(a): any property constituting, or derived from, any proceeds obtained, directly or indirectly, as a result of the violation alleged In Count One, and any property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of the violation alleged in Count One. The following specific property is declared forfeited: $1,370 in United States currency seized from the safe in the defendant's room on April 17, 2015. Upon the final forfeiture ofthis sum to the United States, it is to be credited to the forfeiture moneyjudgment ordered beloW. 2. A forfeiture money judgment in the amount of $1,370 is entered against the defendant. 3. The Court shall retain jurisdiction to enforce this Order, and to amend it as necessary, pursuant to Rule 32.2(e) ofthe Federal Rules ofCriminal Procedure. 4. That pursuant to Rule 32.2(b)(4) of the Federal Rules of Criminal Procedure, this Order of Forfeiture is now final as to the defendant, and shall be made part of the sentence and included in the judgment. 5. The Attorney General or a designee, pursuant to Rule 32.2(b)(3) of the Federal Rules of Criminal Procedure, is authorizedto conduct any discoveryto identify, locate, or dispose of property subject to this Order. 6. The Clerk of the Court shall forward a certified copy of this Order to USADC.AFMLS2@usdoj.gov. Dated this day of ;016. EMMETTG. SULLIVAN UNITED STATES DISTRICT JUDGE WE ASK FOR THIS: /s/ Chamin^ D. Phillips CHANNING D. PHILLIPS, D.C. BarNo. 415793 UNITED STATES ATTORNEY By: Jamita Hodge Assistant United States Attorney D.C. BarNo.477-620 555 Fourth Street, N.W. Washington, D.C. 20530 202-252-6986 A^iklCeyy ImaAm^oTEsquire Defendant Counsel for Defendant