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U.S. v. HERERRA

United States District Court, S.D. New York


January 18, 2005.

UNITED STATES OF AMERICA,
v.
GABRIEL HERERRA, Defendant.

The opinion of the court was delivered by: LEWIS KAPLAN, District Judge

ORDER OF FORFEITURE/MONEY JUDGMENT

WHEREAS, the defendant, GABRIEL HERERRA ("the defendant"), pleaded guilty to a superseding criminal information (the "Information") in Case No. 02 Cr. 477 that contained two substantive counts and a forfeiture allegation, where Count One charged the defendant with participating in a conspiracy to distribute five or more kilograms of cocaine, in violation of Title 21, United States Code, Section 846; Count Two charged the defendant with distributing and possessing with the intent to distribute approximately five kilograms of cocaine, in violation of Title 21, United States Code, Sections 812, 841(a)(1) and (b)(1)(A), and Title 18, United States Code, Section 2; and the forfeiture allegation provided that the defendant agreed to forfeit to the United States, pursuant to Title 21, United States Code, Section 853(a)(1), all property constituting or derived from any proceeds obtained directly or indirectly as a result of the defendant's violations set forth in Counts One and Two of the Information, and any and all property used or intended to be used in any manner or part to commit or facilitate the commission of the violations set forth in Counts One and Two of the Information;

WHEREAS, as a result of the defendant's entry of a plea of guilty to the offenses in Counts One and Two of the Information, and in full satisfaction of the forfeiture obligation in Counts One and Two of the Information, the defendant consented to forfeiture of all of his right, title, and interest in the sum of $50,000.00;

  WHEREAS, on January 7, 2005, GABRIEL HERERRA was sentenced to a term of imprisonment of time served, to be followed by a term of supervised release of three years, and to a money judgment in the amount of $50,000.00;

  NOW, THEREFORE, IT IS ORDERED, ADJUDGED, AND DECREED THAT:

  1. The defendant's right, title, and interest in the sum of $50,000.00, entered to in a money judgement, is forfeited to the United States for disposition in accordance with the law, subject to the provisions of Title 21, United States Code, Section 853(a)(1).

  SO ORDERED.

20050118

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