GEORGE A. O'TOOLE, JR., District Judge.
WHEREAS, on May 28, 2015, a federal grand jury sitting in the District of Massachusetts returned a one-count Indictment, charging defendant Zeph H. Pitt (the "Defendant") with being a Felon in Possession of Firearms and Ammunition, in violation of 18 U.S.C. § 922(g)(1) (Count One);
WHEREAS, the Indictment also contained a forfeiture allegation, pursuant to 18 U.S.C. § 924(d) and 28 U.S.C. § 2461(c), which provided notice that the United States sought the forfeiture, upon conviction of the Defendant of the offense alleged in Count One of the Indictment, of any firearm or ammunition involved in or used in any knowing commission of the offense, including but not limited to the following:
(collectively, the "Guns and Ammunition");
WHEREAS, the Indictment further provided that, if any of the above-described forfeitable property, as a result of any act or omission by the Defendant, (a) cannot be located upon the exercise of due diligence; (b) has been transferred or sold to, or deposited with, a third party; (c) has been placed beyond the jurisdiction of the Court; (d) has been substantially diminished in value; or (e) has been commingled with other property which cannot be divided without difficulty, the United States is entitled to seek forfeiture of any other property of the Defendant, up to the value of such assets, pursuant to 21 U.S.C. § 853(p), as incorporated in 28 U.S.C. § 2461(c);
WHEREAS, on May 17, 2016, the Defendant pleaded guilty to Count One of the Indictment;
WHEREAS, on January 11, 2017, this Court issued a Preliminary Order of Forfeiture against the Guns and Ammunition, pursuant to 18 U.S.C. § 924(d), 28 U.S.C. § 2461(c) and Rule 32.2(b)(2) of the Federal Rules of Criminal Procedure;
WHEREAS, notice of the Preliminary Order of Forfeiture was sent to all interested parties and published on the government website
WHEREAS, no claims of interest in the Guns and Ammunition have been filed with the Court or served on the United States Attorney's Office, and the time within which to do so has expired.
ACCORDINGLY, it is hereby ORDERED, ADJUDGED, and DECREED that:
1. The United States' Motion for a Final Order of Forfeiture is allowed.
2. The United States of America is now entitled to the forfeiture of all right, title or interest in the Guns and Ammunition, and they are hereby forfeited to the United States of America pursuant to 18 U.S.C. § 924(d), 28 U.S.C. § 2461(c) and Rule 32.2(c) of the Federal Rules of Criminal Procedure.
3. This Court shall retain jurisdiction in the case for the purpose of enforcing this Order.
4. All other parties having any right, title or interest in the Guns and Ammunition are hereby held in default.
5. The United States is hereby authorized to dispose of the Guns and Ammunition in accordance with applicable law.