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United States v. Bennett

United States District Court, D. Montana, Missoula Division

September 27, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
JODY LYN BENNETT, Defendant.

          PRELIMINARY ORDER OF FORFEITURE

          DONALD W.. MOLLOY, DISTRICT JUDGE UNITED STATESLDISTRICT COURT

         The United States having moved unopposed for a preliminary order of forfeiture, the Court finds:

         THAT the United States and the Defendant, JODY LYN BENNETT, entered into a plea agreement that provides a factual basis and cause to issue a forfeiture order under 21 U.S.C. § 853(a)(1) and (2), 21 U.S.C. § 88l(a)(l 1), and 18 U.S.C. § 924(d);

         THAT prior to the disposition of the assets, the United States Marshal's Service, or its designated sub-custodian, is required to seize the forfeited property;

         and

         THAT 21 U.S.C. § 853(n)(1) requires that third parties who may have an interest in the property receive notice, via publication, or to the extent practical, direct written notice of the forfeiture and the United States' intent to dispose of the property.

         Accordingly, IT IS ORDERED:

         THAT the Defendant, JODY LYN BENNETT'S, interest in any property, real or personal, involved in the offenses pleaded to in the Indictment, and any property traceable to such property, is forfeited to the United States in accordance with 21 U.S.C. § 853(a)(1) and (2), 21 U.S.C. § 88l(a)(l 1), and 18 U.S.C. § 924(d). That property consists specifically of the following items:

• One LG cell phone, black in color;
• Empty Magazine for Ruger American 9mm Pistol, S/N 86060847;
• Empty Magazine for Phoenix Arms Raven .25 Caliber Pistol with Pink Handle;
• 5 Loaded Magazines for .45 caliber;
• Samsung Galaxy S7 Cell Phone with Clear Green Case with Micro S.D. Card. Green Ammo Box Containing approx: 130 Rounds of 7.62 Caliber Ammo;
• 200 Rounds 9mm Caliber ammo; 44 Rounds of .45 Caliber Ammo; 20 Rounds of .303 Caliber Ammo; 40 Rounds of .223 Caliber Ammo; 100 Rounds of 5.56 Caliber Ammo; 150 Rounds of .17 Caliber Ammo; 87 Rounds of ...

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