United States District Court, W.D. Arkansas, Hot Springs Division
Elmer Sneed IV, Defendant.
U. Gist, Jr., Counsel for Defendant.
E. S. Jones, Assistant U.S. Attorney.
PRELIMINARY ORDER OF FORFEITURE
Honorable Susan O. Hickey, United States District Judge.
September 12, 2018, a Grand Jury sitting in the Western
District of Arkansas returned an Indictment against the
Defendant, James Elmer Sneed IV, charging him with one count
of having been previously convicted of a crime punishable by
imprisonment exceeding one year, knowingly possessed a
firearm, in violation of Title 18 U.S.C. §§
922(g)(1) and 924(a)(2), and a forfeiture allegation.
forfeiture allegation of the Indictment, the United States
seeks forfeiture, pursuant to Title 18 U.S.C. § 924(d),
Title 18 U.S.C. § 3665, of
1. A Ruger LCP .380 caliber semi-automatic pistol bearing
serial number 372002383,
2. Any ammunition as property involved in, or used to
facilitate the offense.
April 4, 2019, the Defendant pleaded guilty to the
Indictment. Pursuant to a Plea Agreement entered into by the
parties, the Defendant agrees to forfeit all rights, title
and interest to A Ruger LCP .380 caliber semi-automatic
pistol bearing serial number 372002383 listed in the
Indictment. The Defendant acknowledges that all property
covered by the Plea Agreement is subject to forfeiture as
property facilitating illegal conduct, or property involved
in illegal conduct giving rise to forfeiture, or as
substitute assets for property otherwise subject to
to the Plea Agreement, the Defendant consents to the
immediate entry of a Preliminary Order of Forfeiture upon
entry of the guilty plea. The Defendant further agrees that
upon entry of the Preliminary Order of Forfeiture, such Order
will be considered final as to defendant's interests in
the property(ies). The Defendant agrees to immediately
withdraw any claims to property(ies) seized in connection
with this case in any pending administrative and civil
forfeiture proceeding, and consents to the forfeiture of all
properties seized in connection with this case to the United
States. The Defendant agrees to execute any and all documents
requested by the Government to facilitate or complete the
forfeiture processes.) The Defendant further agrees not to
contest or to assist any other person or entity in contesting
the forfeiture of the property(ies) seized in connection with
to the Plea Agreement, the Defendant agrees to consent to the
entry of Orders of forfeiture for such property and waives
the requirements of Federal Rules of Criminal Procedure 32.2
and 43(a) regarding notice of the forfeiture in the charging
instrument, announcement of the forfeiture at sentencing, and
incorporation of the forfeiture in the judgment. The
Defendant acknowledges that he understands that the
forfeiture of assets is part of the sentence that may be
imposed in this case and waives any failure by the court to
advise him of this, pursuant to Rule 1 l(b)(1)(J), at the
time his guilty plea is accepted.
to the Plea Agreement, the Defendant further agrees to waive
all constitutional and statutory challenges in any manner
(including direct appeal, habeas corpus, or any other means)
to any forfeiture carried out in accordance with the Plea
Agreement on any grounds, including that the forfeiture
constitutes an excessive fine or punishment. The Defendant
agrees to take all steps as requested by the United States to
pass clear title to forfeitable assets to the United States,
and to testify truthfully in any judicial forfeiture
proceeding. The Defendant also agrees that the forfeiture
provisions of the Plea Agreement are intended to, and will,
survive him, notwithstanding the abatement of any underlying
criminal conviction after the execution of this agreement.
it is hereby ORDERED, DECREED AND ADJUDGED:
based upon the guilty plea of the Defendant, the following
assets shall ...