Anderson

OPINION AND ORDER

In four separate indictments, defendants Robert D. Anderson, Earl S. Bowser, John and Laura Hatcher, and Roscoe L. Little-field, have been charged with manufacturing marijuana in violation of 21 U.S.C. § 841 (a). In connection therewith, the government has alleged that certain parcels of real property were used and intended to be used to commit and facilitate the commission of each offense, in order to subject defendants’ interests in the respective parcels of real property to forfeiture to the United States pursuant to 21 U.S.C. § 853 (a)(2). Each of the defendants is also charged with violating 21 U.S.C. § 841 (a) by possessing marijuana with intent to distribute. In addition, defendant Littlefield is charged with being a felon in possession of firearms, in violation of 18 U.S.C. § 1202 (a)(1) App. II.

Defendants have moved this Court for dismissal of the forfeiture allegations and, the Court, having read and considered all the papers and oral arguments of the parties (for the purposes of this Opinion and Order, the motions and arguments of all the defendants are considered together), for the following reasons grants defendants’ motions to the extent that…