Free Redacted Document - District Court of Delaware - Delaware

Case 1 :08-cr-00084—GIV|S Document 2 Filed 05/27/2008 Page 1 of 3
i 1"tF®
__, \ N THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, i
v. i Criminal Action No. 08- SLI
J AVIER GUZMAN, i
Defendant. i
INDICTMENT
The Grand Jury for the District of Delaware charges that:
COUNT ONE
On or about February 18, 2008, in the District of Delaware, Javier Guzman, Defendant
herein, did knowingly possess in and affecting interstate and foreign commerce, a firearm, that is,
an AK-47 assault rifle (serial number ASI'/264), and a black PW Arms handgun (serial number
KT2427l5), after having been convicted on or about June 23, 1998, of a crime punishable by
imprisonment for a term exceeding one year, in thc 332nd District Court in Hidalgo County, Texas,
in violation of Title 18, United States Code, Sections 922(g)(l) & 924(a)(2).
COUNT TWO
On or about February 18, 2008, in the District of Delaware, Javier Guzman, defendant
herein, did knowingly possess with intent to distribute marihuana, in violation of Title 21, United
States Code, Sections 841(a)(l) & (b)(l)(D).

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COUNT THREE
On or about February 18, 2008, in the District of Delaware, Javier Guzman, defendant
herein, in furtherance of a drug trafficking crime, to wit, possession with intent to distribute
marihuana, in violation of Title 21, United States Code, Section 84l(a)(l) & (b)(1)(D), as alleged
in Count Two of the lndictment, incorporated by reference herein, did knowingly possess a
firearm, to wit, an AK—47 assault rifle (serial number ASI'/264), and a black PW Arms handgun
(serial number KT242'/15), in violation of Title 18, United States Code, Sections 924(c)(l) &
(2).
F ORF EITURE ALLEGATIONS
Forfeiture Allegation for Counts I and TII
Upon conviction of the offense alleged in Count One and/or Count Three of this
Indictment, defendant shall forfeit to the United States pursuant to 18 U.S.C. § 924(cl) and 28
U.S.C. § 246 l(c), all lireanns and ammunition involved in the commission of the offenses,
including but not limited to the following: (1) an AK—47 assault ritle (serial number AS17264);
and (2) a black PW Arms handgun (serial number KT2427l5).
All in accordance with Title 18, United States Code, Section 924(d) and Rule 32.2(a),
Federal Rules of Criminal Procedure.
Forfeiture Allegation for Count II
Upon conviction of the offense alleged in Count Two of this Indictment, defendant shall
forfeit to the United States pursuant to 21 U.S.C. § 853 any property constituting, or derived
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from, proceeds obtained, directly or indirectly, as a result ofthe said violations and any property
used, in any manner or part, to commit or to facilitate the commission ofthe said violations,
including but not limited to the following: (1) United States currency in the amount of $1,25 l;
and (2) a black Dodge Ram pick—up truck with a Maryland registration plate of 85T—O54.
If any of the above described forfeitable property, as a result of any act or omission ofthe
defendant:
(a) cannot be located upon the exercise of due diligence;
(b) has been transferred or sold to, or deposited with, a third party;
(c) has been placed beyond the jurisdiction of the court;
(d) has been substantially diminished in value; or
(e) has been commingled with other property which cannot be divided with difficulty;
it is the intent of the United States, pursuant to 2l U.S.C. § 853(p), to seek forfeiture of any other
property of said defendants up to the value of the forfeitable property described above.
All in accordance with Title 2l, United States Code, Sections 853 & 881, and Rule 32.2(a),
Federal Rules of Criminal Procedure.
Foreperson i4¤_ _
COLM F. CONNOLLY
UNITED STATES ATTORNEY
BY
Christopher J`. urke
Assistant United States Attorney
Dated: ’}‘t/VM] jj], lggg
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