United Statesv.Tate

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA EASTERN DIVISIONMar 4, 2012
NO. 4 : ll-cr-105-BO (E.D.N.C. Mar. 4, 2012)

NO. 4 : ll-cr-105-BO

03-04-2012

UNITED STATES OF AMERICA v. SIDNEY SMITH TATE


PRELIMINARY ORDER OF FORFEITURE

WHEREAS, pursuant to the entry of the Memorandum of Plea Agreement entered into by the defendant, Sidney Smith Tate, filed on February 13, 2012, the following property is hereby forfeitable pursuant to 21 U.S.C. § 853, to wit, (1) a 2004 Cadillac Escalade, VIN 1GYEK63N24R315579, (2) a 2001 Cadillac DeVille, VIN 1G6KD54YX1U272434; and

WHEREAS, by virtue of said Memorandum of Plea Agreement, the United States is now entitled to possession of said property pursuant to 21 U.S.C. § 853;

It is hereby ORDERED, ADJUDGED and DECREED:

1. That based upon the Memorandum of Plea Agreement as to the defendant, Sidney Smith Tate, the United States is hereby authorized to seize the above-stated property, and it is hereby forfeited to the United States for disposition in accordance with the law, subject to the provisions of 21 U.S.C. § 853 (n) , as allowed by Fed. R. Crim. P. 32.2(b) (3) . In accordance with Fed. R. Crim. P. 32.2(b) (3), this Order is now final as to the defendant.

2. That upon sentencing and issuance of the Judgment and Commitment Order, the Clerk of Court is directed to incorporate a reference to this Preliminary Order of Forfeiture in the applicable section of the Judgment, as required by Fed. R. Crim. P. 32.2(b) (3).

3. That pursuant to 21 U.S.C. § 853 (n), the United States shall publish notice of this Order and of its intent to dispose of the property in such manner as the Attorney General or the Secretary of Treasury directs, by publishing and sending notice in the same manner as in civil forfeiture cases, as provided in Supplemental Rule G(4). Any person other than the defendant, having or claiming any legal interest in the subject property must file a petition with the Court within 30 days of the publication of notice or of receipt of actual notice, whichever is earlier.

The petition must be signed by the petitioner under penalty of perjury and shall set forth the nature and extent of the petitioner's right, title, or interest in the subject property, and must include any additional facts supporting the petitioner's claim and the relief sought.

4. That upon adjudication of all third party interests this Court will enter a Final Order of Forfeiture pursuant to 21 U.S.C. § 853, as required by Fed. R. Crim. P. 32.2(c).

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TERRENCE W. BOYLE


United States District Judge