United States v. Sternquist
1:22-cr-00473
| E.D.N.Y | Mar 13, 2024Background
- Kara Sternquist, a.k.a. "Cara Sandiego" and "Kara Withersea," pled guilty to violating 18 U.S.C. § 922(g)(1), a firearms offense prohibiting possession by convicted felons.
- The plea and related charges arose from possession of a black 9mm pistol seized in New York City on September 15, 2022.
- The court determined that, under applicable federal forfeiture statutes, Sternquist must forfeit all rights to the seized firearm.
- The Preliminary Order of Forfeiture mandates surrender of the firearm to federal authorities and outlines the process for addressing any third-party claims to the weapon.
- Sternquist is required to cooperate fully in the forfeiture process and barred from contesting the forfeiture.
- The order takes effect upon sentencing and remains binding on Sternquist and her successors or assigns, surviving bankruptcy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Sternquist must forfeit the seized firearm | Forfeiture is mandatory under federal law | Defendant entered guilty plea, no contest | Forfeiture of firearm ordered |
| Process for third-party claims to firearm | Must follow statutory notice and petition rules | N/A | Third parties may petition court |
| Defendant's obligation to assist in forfeiture | Defendant must help effectuate forfeiture | No contest | Defendant must fully cooperate |
| Timing and finality of forfeiture order | Order should become final at sentencing | No contest | Order final at sentencing, part of judgment |
Key Cases Cited
- No precedential cases with reporter citations were cited in this order.
