Filed: Aug. 07, 2015
Latest Update: Aug. 07, 2015
Summary: PRELIMINARY ORDER OF FORFEITURE BILLY ROY WILSON , District Judge . IT IS HEREBY ORDERED THAT: 1. As the result of the May 5, 2015, guilty plea of Lamont Johnson ("Defendant"), Defendant shall forfeit to the United States, under 21 U.S.C. 853, the following property: A. Approximately $57,595 in U.S. currency; B. A Smith and Wesson, model SV9VE, 9-millimeter pistol, serial number DTE4041; C. An Intratec, model TEC-DC9, 9-millimeter pistol, serial number obliterated; D. Nineteen 9mm F
Summary: PRELIMINARY ORDER OF FORFEITURE BILLY ROY WILSON , District Judge . IT IS HEREBY ORDERED THAT: 1. As the result of the May 5, 2015, guilty plea of Lamont Johnson ("Defendant"), Defendant shall forfeit to the United States, under 21 U.S.C. 853, the following property: A. Approximately $57,595 in U.S. currency; B. A Smith and Wesson, model SV9VE, 9-millimeter pistol, serial number DTE4041; C. An Intratec, model TEC-DC9, 9-millimeter pistol, serial number obliterated; D. Nineteen 9mm FM..
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PRELIMINARY ORDER OF FORFEITURE
BILLY ROY WILSON, District Judge.
IT IS HEREBY ORDERED THAT:
1. As the result of the May 5, 2015, guilty plea of Lamont Johnson ("Defendant"), Defendant shall forfeit to the United States, under 21 U.S.C. § 853, the following property:
A. Approximately $57,595 in U.S. currency;
B. A Smith and Wesson, model SV9VE, 9-millimeter pistol, serial number DTE4041;
C. An Intratec, model TEC-DC9, 9-millimeter pistol, serial number obliterated;
D. Nineteen 9mm FMJ bullets;
E. One black magazine with fifteen 9mm bullets; and
F. Ten .45 caliber bullets.
(collectively "property subject to forfeiture").
2. Upon the entry of this Order, the United States Attorney General or a designee (collectively "Attorney General") is authorized to seize the above-listed property and to conduct any discovery proper in identifying, locating, or disposing of the property subject to forfeiture. Fed. R. Crim. P. 32.2(b)(3). Further, the Attorney General is authorized to commence any applicable proceeding to comply with statutes governing third party rights.
3. The United States shall publish, in such a manner as the Attorney General may direct, notice of this Order and the United States' intent to dispose of the property subject to forfeiture. The United States may also, to the extent practicable, provide written notice to any person known to have an alleged interest in the property subject to forfeiture.
4. Any person, other than Defendant, asserting a legal interest in the property subject to forfeiture may petition the Court for a hearing without a jury to adjudicate the validity of his or her alleged interest in the property and for an amendment of this Order. See 21 U.S.C. § 853(n)(2); 28 U.S.C. § 2461(c). This petition must be filed within 30 days of the final publication of notice or receipt of notice, whichever is earlier. 21 U.S.C. § 853(n)(2).
5. This Preliminary Order of Forfeiture shall become final as to Defendant at the time of sentencing and shall be made part of the sentence and included in the judgment. Fed. R. Crim P. 32.2(b)(4)(A). If no third party files a timely claim, this Order shall become the Final Order of Forfeiture. Fed. R. Crim. P. 32.2(c)(2).
6. Any petition filed by a third party asserting an interest in the property subject to forfeiture shall be signed by the petitioner under penalty of perjury and shall set forth the nature and extent of the petitioner's right, title, or interest in the property subject to forfeiture, the time and circumstances of the petitioner's acquisition of the right, title or interest in the property subject to forfeiture, any additional facts supporting the petitioner's claim and the relief sought.
7. After the disposition of any motion filed under Federal Rule of Criminal Procedure 32.2(c)(1)(A) and before a hearing on the petition, discovery may be conducted in accordance with the Federal Rules of Civil Procedure upon a showing that such discovery is necessary or desirable to resolve factual issues.
8. The United States shall have clear title to the property subject to forfeiture following the Court's disposition of all third-party interests, or, if none, following the expiration of the period provided for the filing of third party petitions.
9. The Court shall retain jurisdiction to enforce this Order and to amend it as necessary. See Fed. R. Crim. P. 32.2(e).
SO ORDERED.
