Free Redacted Document - District Court of Delaware - Delaware

‘ Case 1:08-cr-O002_SASlSRl if E-i|ed_O§OSH)O8 Page 1 of 3 l I
A- IN THE UNITED STATES DISTRICT COURT
’ FOR THE DISTRICT QF DELAWARE _
UNITED STATES OF AMERICA, )
Plaintiff] g
v, Criminal Action No. 08- Q 3
CLARENCE A. MITCHELL, A i ‘
Defendant. g W _
nr? _ mm. LJ E ._ ____ ,.
The Grand Jury for the District of Delaware charges that:
COUNT ONE
I On or about December 27, 2007, in the State and District of Delaware, Clarence A. Mitchell,
defendant herein, did knowingly possess in and affecting interstate and foreign commerce, a firearm,
that is, a Sig Sauer P—229, .357 caliber pistol, serial number AE15640, after having been convicted
on or about November 19, 1991, of a crime punishable by imprisomtnent for a term exceeding one
year, in the Superior Court of the State of Delaware, in violation of Title 18, United States Code,
Sections 922(g)(l) & 924(a)(2).
COUNT TWO A .
On or about December 27, 2007, in the State and District of Delaware, Clarence A. Mitchell,
defendant herein, did knowingly possess with the intent to distribute a mixture and substance
containing a detectible amount of cocaine, a Schedule H narcotic controlled substance, in violation
of Title 21, United States Code, Sections 84l(a)(l) and (b)(l)(C).
COUNT THREE I
On or about December 27, 2007, in the State and District of Delaware, Clarence A. Mitchell,
defendant herein, in furtherance of a drug trafficking crime, to wit, possession with intent to

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, I distribute a mixture and substance containing a detectible amount of cocaine, in violation of Title
_ n 9 I if 21, United States Code, Sections 84l(a)(1) and (b)(1)(C), as alleged in Count Two ofthe Indictment,
incorporated by reference herein, did knowingly possess a firearm, to wit, a Sig Sauer P-229, .357
caliber pistol, serial number ABl5640, all in violation of Title 18, United States Code, Sections
· 924(<>)(i)(A) & (¤)(2))-
. NOTICE OF FORFEITURE
Upon conviction of one or more of the offenses alleged in Counts One, Two and Three of n
this Indictment, defendant Clarence A. Mitchell shall forfeit to the United States pursuant to 18
U.,S.C. § 924(d), 21 U.S.C. § 853 and 28 U.S.C. § 2461(c), any property, real and personal, that
constitutes or is derived from or is traceable to proceeds obtained directly or indirectly from the
commission ofthe above offense(s); all property, real or personal, that was used to facilitate, or was _
intended to be used to facilitate the commission ofthe offense(s); and, all firearms and ammunition
involved in the commission of the offense(s), including but not limited to the following:
a Sig Sauer 1)-229, .357 caliber pistol, serial number AE15640, and any ammunition
1 contained therein;
$6,405 in cash;
a 2001 Jeep Cherokee, bearing Delaware registration PC 480919 n
2001 BMW 321, bearing Delaware registration 798932 i
1995 Buick Park Avenue, bearing Delaware registration 119468
If any of the above-described forfeitable property, as a result of any act or omission ofthe
defendant: I
(a) cannot be located upon the exercise of due diligence; ‘
(b) has been transferred or sold to, or deposited with, a third party;
Q (c) has been placed beyond the jurisdiction of the court;
t (d) has been substantially diminished in value; or .
(e) has been eommingled with other property which cannot be divided without difficulty;

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it is the intent of the United States, pursuant to 18 U.S.C. § 924(d) and 21 U.S.C. § 853(p) as
incorporated by 28 U.S.C. § 2461 (c), to seek forfeiture of any other property of said defendant up
to the value of the forfeitable property described above.
A TRUE BILL: __
COLM /CONNOLLY
United it tes Attorney
er: AM _ U
A. Weede _
· · · stant United States Attorney
p Dated: February 5, 2008

Case 1:08-cr-00023-SLR

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Case 1:08-cr-00023-SLR

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Case 1:08-cr-00023-SLR

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