Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Paredes

United States District Court, Third Circuit

June 4, 2013

UNITED STATES OF AMERICA Plaintiff,
v.
PORFIRIO PAREDES Defendant.

CONSENT JUDGMENT AND PRELIMINARY ORDER OF FORFEITURE

CLAIRE C. CECCHI, District Judge.

WHEREAS, on February 22, 2013, the United States filed a three count Information, Criminal No. 13-132, against defendant Porfirio Paredes charging him with (1) conspiracy to commit theft of government property, contrary to 18 U.S.C. § 641, in violation of 18 U.S.C. § 371; (2) theft of government property, in violation of 18 U.S.C. § 641; and (3) aggravated identity theft, in violation of 18 U.S.C. § 1028(A); and

WHEREAS, on February 21, 2013, defendant Porfirio Paredes pled guilty to the Information; and

WHEREAS, pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c), a person convicted of an offense in violation of 18 U.S.C. § 641 shall forfeit to the United States any property, real or personal, that constitutes or is derived from proceeds traceable to the commission of the offense; and

WHEREAS, by virtue of the above, the United States is now entitled to possession of approximately $72, 310 in United States currency that was seized on or about September 17, 2012 and one 2008 Land Rover Range Rover Sport, Vehicle Identification Number# SALSH23438A184179, which was seized on or about September 17, 2012 (collectively the "Forfeitable Property"); and

WHEREAS defendant Porfirio Paredes acknowledges that the Forfeitable Property is subject to forfeiture as property, real or personal, that constitutes or is derived from proceeds traceable to a violation of 18 U.S.C. § 641, which constitutes a specified unlawful activity within the meaning of 18 U.S. C.§ 981(a)(1)(C), or a conspiracy to commit such offense; and

WHEREAS defendant Porfirio Paredes agrees to forfeit the Forfeitable Property, waives all interests in and claims to the Forfeitable Property, and hereby consents to the forfeiture of the Forfeitable Property to the United States; and

WHEREAS defendant Porfirio Paredes:

(1) Agrees to consent promptly upon request to the entry of any orders deemed necessary by the Government or the Court to complete the forfeiture and disposition of the Forfeitable Property;

(2) Waives the requirements of Federal Rules of Criminal Procedure 32.2 and 43(a) regarding notice of forfeiture in the charging instrument, announcement of the forfeiture in his presence at sentencing, and incorporation of the forfeiture in the Judgment;

(3) Acknowledges that he understands that forfeiture of the Forfeitable Property will be part of the sentence imposed upon him in this case and waives any failure by the Court to advise him of this, pursuant to Federal Rule of Criminal Procedure 11(b)(1)(J), during the plea hearing;

(4) Will, pursuant to Rule 32.2(b)(3), promptly consent to the finalization of the order of forfeiture before sentencing if requested by the Government to do so;

(5) Waives, and agrees to hold the United States and its agents and employees harmless from, any and all claims whatsoever in connection with the seizure, forfeiture, and disposal of the Forfeitable Property described above;

(6) Waives all constitutional and statutory challenges of any kind to any forfeiture carried out ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.