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US Attorney To Consider If Forfeiture Is To Offenses In Indictment Or Lesser Included Offences Pled To

By Matthew Russell Lee, Previous Thread
The Source - XXL - The Root - Vibe, etc

SDNY COURTHOUSE, Oct 23 – Darius Davis was arrested in January on an until-then seal indictment charging him in connection with 280 grams or more of crack cocaine, conspiracy and possession with intend to distribute.

   On October 23 David pled guilty to a lesser included offense and the allocution before U.S. District Court for the Southern District of New York Magistrate Judge Debra Freeman was going along as scripted.

    Until it came to the issue of forfeiture.

     Judge Freeman said she was going off the record - the court reporter stopped - and she asked Assistant US Attorney Thane Rehn why his Office's plea agreements have defendants agreeing to forfeiture tied to the offenses in the indictment and not the lesser included offenses they plead guilty to.

    AUSA Rehn said while it might not make a difference in this particular case (in which 280 grams was pled down to 28 grams), it might in other cases - and so he will raise the issue in the Office of US Attorney Geoffrey S. Berman.

    Federal Defender Clay Kaminsky said there might be another "wrinkle" to the case, his request that Davis spent the time after the plea in state custody, to serve out state time. Kaminsky said he will be raising this to District Judge Paul G. Gardephe, who will do the sentencing. The case is US v. Davis, 19-cr-27 (Gardephe / Freeman).


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