FINAL ORDER OF FORFEITURE

TERRY F. MOORER, District Judge.

This cause now comes before the Court upon the United States' motion for a Final Order of Forfeiture for the following property:

Rohm .22 caliber, Model RG14 with obliterated serial number

The Court hereby finds that the motion is due to be granted, for the reasons set forth therein and as set out below:

On November 20, 2019, the United States filed a motion for preliminary order of forfeiture for the firearm. Doc. 25, PageID.94-97. In that motion, the United States established the defendants' interest in the property and the nexus between the property and the defendants' conviction for Count One of the Indictment. Doc. 1, PageID.1-4. On November 20, 2019, pursuant to 18 U.S.C. § 924(d), Title 28 U.S.C. § 2461(c) and Fed. R. Cr. P. 32.2(b)(2), the Court entered a preliminary order of forfeiture for the firearm. Doc. 26, PageID.101-103

In accordance with the provisions of 21 U.S.C. § 853(n) and Fed. R. Crim. P. 32.2(b)(6), the United States published notice of the forfeiture, and of its intent to dispose of the firearm, on the official government website, www.forfeiture.gov, beginning on January 8, 2020, and ending on February 6, 2020. The publication gave notice to all third parties with a legal interest in the property to file with the Clerk of the Court, 155 St. Joseph Street, Mobile, AL 36602, and a copy served upon Assistant United States Attorney Gina S. Vann, 63 South Royal Street, Suite 600, Mobile, AL 36602, a petition to adjudicate their interest within 60 days of the first date of publication. Id. No third party filed a petition or claimed an interest in the property, and the time for filing any such petition has expired. Doc. 33, PageID.135-139

Further, pursuant to Fed. R. Crim. P. 32.2(b)(4)(A), forfeiture of the firearm became final as to the defendant, Cecil LeShaun Funches, at the time of sentencing and was made a part of the sentence and included in the judgment. Doc. 31, PageID.130

Thus, the United States has met all statutory requirements for the forfeiture of the firearm, and it is appropriate for the Court to enter a final order of forfeiture.

NOW, THEREFORE, the Court having considered the matter and having been fully advised in the premises, it is hereby ORDERED, ADJUDGED and DECREED that for good cause shown, the United States' motion is GRANTED. Under 18 U.S.C. § 924(d)(1), 28 U.S.C. § 2461(c) and Fed. R. Crim. P. 32.2(c)(2), all right, title, and interest in the firearm are CONDEMNED, FORFEITED and VESTED in the United States for disposition according to law; and

IT IS FURTHER ORDERED that the Bureau of Alcohol, Tobacco, Firearms and Explosives or other duly authorized federal agency take the firearm into its secure custody and control for disposition according to law; and,

IT IS FURTHER ORDERED that pursuant to 21U.S.C. § 853(n)(7), the United States of America has clear title to the firearm and may warrant good title to any subsequent purchaser or transferee; and

IT IS FURTHER ORDERED that the Bureau of Alcohol, Tobacco, Firearms and Explosives or other duly authorized federal agency is hereby authorized to dispose of the firearm in accordance with the law; and

IT IS FURTHER ORDERED that the Court shall retain jurisdiction in this case for the purpose of enforcing this Order.

DONE AND ORDERED.