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with law enforcement officials, to provide information about
petitioner’s drug trafficking activities, and to assist
Government agents in gathering evidence against petitioner.
On March 31 and April 1, 1988, Posey secretly made tapes of
conversations between himself and petitioner. The tapes of these
conversations were turned over to Government agents investigating
petitioner’s drug trafficking activities.
In May 1988, petitioner, Cunningham, and several other
individuals traveled to El Paso, Texas, to purchase marijuana.
On May 3, 1988, after purchasing for $100,000 200 pounds of
marijuana from an undercover Government agent, petitioner and
Cunningham were arrested and charged under 21 U.S.C. section 846
(2000) with conspiring to possess with the intent to distribute
200 pounds of marijuana with regard to the May 1988 drug
transaction.
Petitioner pleaded guilty to the above Federal criminal
charge, and petitioner was sentenced to a prison term of 52
months and was fined $100,000. See United States v. McHan, 920
F.2d 244, 245 (4th Cir. 1990).
In connection with the above prosecution, under 21 U.S.C.
section 853 the Government obtained an in rem criminal forfeiture
of petitioner’s interests in a 35-acre parcel of real estate and
in two automobiles.
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