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United States v. Guzman

United States District Court, D. New Jersey

June 19, 2019

UNITED STATES OF AMERICA
v.
ERIC GUZMAN Defendant.

          CRAIG CARPENITO United States Attorney LEAR GOULD Assistant United States Attorney

          Eric Guzman PATRICK McMAHON, ESQ. Attorney for Defendant Eric Guzman, Defendant

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

          HONORABLE BRIAN MARTINOTTI UNITED STATES DISTRICT JUDGE.

         WHEREAS, on or about June 18, 2019 defendant Eric Guzman pleaded guilty pursuant to a plea agreement with the United States to a one-count Information, which charged him with knowingly and intentionally conspiring with others to distribute and possess with intent to distribute 500 grams or more of a mixture and substance containing a detectable amount of cocaine, a Schedule II controlled substance, contrary to 21 U.S.C. §§ 841(a)(1) and (b)(1)(B), in violation of 21 U.S.C. § 846;

         WHEREAS, pursuant to 21 U.S.C. § 853, Eric Guzman shall forfeit to the United States any and all property constituting or derived from any proceeds obtained directly or indirectly as a result of the offense charged in the Information and any and all property used or intended to be used in any manner or part to commit and to facilitate the commission of such offense;

         WHEREAS, in the plea agreement, the defendant agreed to forfeit to the United States, pursuant to 21 U.S.C. § 853, any and all property constituting or derived from any proceeds obtained directly or indirectly as a result of the offense charged in the Information and any and all property used or intended to be used in any manner or part to commit and to facilitate the commission of such offense;

         WHEREAS, on November 26, 2018, approximately $7, 500 was seized from defendant Eric Guzman, (the "Specific Property");

         WHEREAS, Eric Guzman admits the Specific Property has the requisite nexus to the drug trafficking offense charged in the Information and therefore is forfeitable to the United States of America pursuant to 21 U.S.C. § 853;

         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, defendant Eric Guzman:

(1) Agrees to forfeit to the United States all of his right, title and interest in the Specific Property, which the defendant admits has the requisite nexus to the offense to which the defendant has agreed to plead guilty, pursuant to 21 U.S.C. § 853;
(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 the defendant's presence at sentencing, and incorporation of the forfeiture in the Judgment of Conviction;
(3) Acknowledges that he understands that forfeiture of property will be part of the sentence imposed upon his 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; and
(4) Waives any and all claims that this forfeiture constitutes an excessive fine and agrees that this forfeiture does ...

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