United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

FILED ____________ August 11, 2023 No. 22-30369 Lyle W. Cayce ____________ Clerk

United States of America,

Plaintiff—Appellee,

versus

Fred Douglas Brooks, III,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:14-CR-86-1 ______________________________

Before Smith, Higginson, and Willett, Circuit Judges. Stephen A. Higginson, Circuit Judge: Defendant-Appellant Fred Brooks appeals the district court’s entry of an order of forfeiture as part of his criminal sentence for his drug and money- laundering conspiracy offenses. Because the district court complied with our prior remand and because the relief Brooks seeks is prohibited by the Federal Rules of Criminal Procedure and our caselaw, we AFFIRM. Case: 22-30369 Document: 00516855273 Page: 2 Date Filed: 08/11/2023

No. 22-30369

I. In 2015, Brooks pleaded guilty, pursuant to a plea agreement, to one count of conspiracy to distribute a kilogram or more of heroin and one count of conspiracy to commit money laundering. In the plea agreement, Brooks “agree[d] to forfeit and give to the United States” any property derived from proceeds of the offenses to which he was pleading guilty. The plea agreement specified that “[t]hese assets include, but are not limited to, any assets charged in the Superseding Indictment or any Bill of Particulars filed by the United States.” Brooks “agree[d] that any asset charged in [those two doc- uments] is forfeitable as proceeds of the illegal activity for which he is plead- ing guilty.” Before Brooks signed his plea agreement, the Government filed a superseding bill of particulars for forfeiture identifying, among other assets, $3,051 in a credit-union savings account and a condominium in Martin County, Florida. On May 28, 2015, Brooks appeared in open court alongside four of his coconspirators to enter his guilty plea. The district court asked the Govern- ment if it intended to seek forfeiture from any of the defendants. The Gov- ernment said yes. The court explained to the defendants that if the Govern- ment identified property or assets used in or gained from the commission of the offense, it may seek to have that property turned over to the Government. When asked if he understood that, Brooks answered, “Yes, sir.” The court then asked Brooks and the others if they had each read their plea agreements with their attorneys, and if they understood that the plea agreement consti- tutes the entirety of any agreement between the defendants, their attorneys, and the Government. Brooks said yes. The court found that Brooks’ plea was knowing and voluntary, accepted the guilty pleas and plea agreement, including Brooks’ stipulation to forfeit the credit-union money and Florida condo, and adjudicated him guilty on both counts.

2 Case: 22-30369 Document: 00516855273 Page: 3 Date Filed: 08/11/2023