AMENDED FINAL ORDER AND JUDGMENT CONFIRMING FORFEITURE

ROBERT J. CONRAD, JR., District Judge.

THIS MATTER is before the Court on Motion of the United States of America, pursuant to Fed. R. Crim. P. 32.2(c)(2), for an Amended Final Order and Judgment of Forfeiture for real property. For good cause, this Court will GRANT the Motion. In support of granting the Motion, this Court FINDS AS FOLLOWS:

On March 17, 2016, this Court entered a Consent Order and Judgment of Forfeiture Pending Rule 32.2(c)(2), (Doc. No. 19), for a variety of assets, including but not limited to the following:

From March 24, 2016 through April 22, 2016, the United States published, via www.forfeiture.gov, notice of this forfeiture and the intent of the government to dispose of the forfeited property according to law, and further notice to all third parties of their right to petition the Court within sixty days of March 24, 2016 for a hearing to adjudicate the validly of any alleged legal interest in that property, (Doc. No. 26).

In addition to internet publication, the United States also undertook to identify individuals to whom direct notice via mail was appropriate. As a result, on April 8, 2016, the United States sent direct notice, via United States Postal Service Certified Mail, Return Receipt Requested, to the following recipients, notifying each recipient of this forfeiture action and of the Government's intent to dispose of all forfeited property in accordance with the law, and further notifying each recipient of the right to submit a verified claim to this Court within thirty (30) days of receipt of the notice:

Then, on April 29, 2016, the United States identified another potential recipient of direct notice. Thus, on that day, the United States sent direct notice, via United States Postal Service Certified Mail, Return Receipt Requested, to the following recipient, notifying the recipient of this forfeiture action and of the Government's intent to dispose of all forfeited property in accordance with the law, and further notifying the recipient of the right to submit a verified claim to this Court within thirty (30) days of receipt of the notice:

On September 6, 2016, this Court sentenced Defendant. Following sentencing, this Court issued a Judgment in a Criminal Case, (Doc. No. 39), ordering forfeiture in accord with the Consent Order.

Following sentencing, on the Government's Motion, (Doc. No. 45), this Court entered a Final Order and Judgment Confirming Forfeiture, (Doc. No. 47), for the real property and firearm. Thereafter, the Government determined that additional notice of the real property forfeiture to Michelle Stillwell Helms was merited. Thus, law enforcement made contact with Michelle Stillwell Helms and, ultimately, through counsel, the Government and Mrs. Helms entered into a Consent Order for Third Party Petition, (Doc. No. 58), which this Court entered, recognizing Mrs. Helms partial interest in the forfeited real property.

The Government now requests issuance of an Amended Final Order and Judgment Confirming Forfeiture, as to the real property only, incorporating the Consent Order for Third Party Petition. Other than the petition recognized in the Consent Order for Third Party Petition, no petitions have been filed. Thus, in accordance with Fed. R. Crim. P. 32.2(c)(2), issuance of a Amended Final Order and Judgment of Forfeiture on the real property is appropriate.

IT IS, THEREFORE, ORDERED, that, in accordance with Rule 32.2(c)(2), the Consent Order and Judgment of Forfeiture is confirmed as final. All right, title, and interest in the following property, whether real, personal, or mixed, has therefore been forfeited to the United States for disposition according to law and the United States shall have clear title to the property and may warrant good title as set forth in 21 U.S.C. § 853(n)(7), provided, however, that 30% of any net sale proceeds shall be disbursed to Michelle Stillwell Helms as set forth in the Consent Order for Third Party Petition:

This Court's prior Final Order is VACATED only as to the real property, but all other terms of the prior Final Order that provide for final forfeiture of one Smith & Wesson Model 5906 9mm, serial number TFN2288 with magazine and ammunition, remain in full effect.