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. Peek

United States District Court, D. New Jersey

August 10, 2018

UNITED STATES OF AMERICA
v.
MARLON PEEK, Defendant.

          CRAIG CARPENITO United States Attorney

          ELISA T. WIYGUL Assistant United States Attorney

          ALYSSA A. CIMINO, ESQ. Attorney for Defendant Marlon Peek

          MARLON PEEK, Defendant

          PRELIMINARY ORDER OF FORFEITURE AS TO SPECIFIC PROPERTY (FINAL AS TO THE DEFENDANT)

          Hon. Katharine S. Hayden, United States District Judge

         WHEREAS, on or about December 2, 2015, the United States of America (the "United States" or the "Government") filed a 17-count Indictment against Marlon Peek (the "Defendant"), which charged him with seven counts of bank robbery, in violation of 18 U.S.C. § 2113(a (Counts One through Six and Eight); one count of carjacking, in violation ofl8U.S.C. §2119(1) (Count Seven); one count of attempted bank robbery with a dangerous weapon, in violation of 18 U.S.C. § 2113(a) and (d) (Count Nine); four counts of brandishing a firearm in furtherance of a crime of violence, in violation of 18 U.S.C. § 924(c)(1)(A)(ii) (Counts Ten, Twelve, Fourteen, and Sixteen); three counts of attempted carjacking, in violation of 18 U.S.C. § 2119(1) (Counts Eleven, Thirteen, and Fifteen); and one count of forced accompaniment in attempting to avoid apprehension for attempted bank robbery, in violation of 18 U.S.C. § 2113(e) (Count Seventeen);

         WHEREAS, on or about March 19, 2018, the Defendant pleaded guilty, pursuant to a plea agreement with the United States, to Counts One through Eleven, Thirteen, Fifteen, and Seventeen of the Indictment;

         WHEREAS, a person convicted of using a firearm during a crime of violence in violation of 18 U.S.C. § 924(c)(1)(A)(ii) is required to forfeit to the United States, pursuant to 18 U.S.C. § 924(d) and 28 U.S.C. § 2461(c), all of the Defendant's right, title, and interest in any firearms and ammunition involved in or used in the commission of such offenses;

         WHEREAS, in pleading guilty to Count Ten of the Indictment, the Defendant admitted to knowingly brandishing a firearm during and in relation to a crime of violence (specifically, the attempted bank robbery charged in Count Nine of the Indictment), in violation of 18 U.S.C. § 924(c)(1)(A)(ii);

         WHEREAS, in the Indictment, the United States gave notice of its intent to forfeit, pursuant to 18 U.S.C. § 924(d) and 28 U.S.C. § 2461(c), all of the Defendant's right, title, and interest the firearms and ammunition involved in or used in the commission of crimes of violence charged in the Indictment, including the attempted bank robbery charged in Count Ten, to which the Defendant pleaded guilty, including, but not limited to, a Llama .32 caliber pistol bearing serial number 21456; and fifty-four (54) rounds of ammunition (collectively, the "Specific Property");

         WHEREAS, the provisions of 21 U.S.C. § 853(n) require publication and notice to third parties known to have alleged an interest in forfeited specific property and the disposition of any petitions filed under 21 U.S.C. § 853(n) before the United States may have clear title to such property;

         WHEREAS, good and sufficient cause has been shown, it is hereby ORDERED, ADJUDGED, AND DECREED AS FOLLOWS:

         1. As a further result of the Defendant's conviction on Count Ten of the Indictment, pursuant to 18 U.S.C. § 924(d) and 28 U.S.C. § 2461(c), and Fed. R. Crim. P. 32.2(b)(1) and (b)(2), all of the Defendant's right, title, and interest in the Specific Property is hereby forfeited to the United States of America for disposition according to law, subject to the provisions of 21 U.S.C. §853.

         2. Pursuant to Rule 32.2(b)(4) of the Federal Rules of Criminal Procedure, this Preliminary Order of Forfeiture shall be final against Defendant Marlon Peek, shall be made part of the sentence of Defendant Marlon ...


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.