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U.S. v. SANDERS, 4:12CR00326 KGB. (2013)

Court: District Court, E.D. Arkansas Number: infdco20130911615 Visitors: 25
Filed: Sep. 10, 2013
Latest Update: Sep. 10, 2013
Summary: PRELIMINARY ORDER OF FORFEITURE KRISTINE G. BAKER, District Judge. IT IS HEREBY ORDERED THAT: 1. As the result of the August 15, 2013, guilty plea of Jessie Sanders, Jr. ("Defendant"), Defendant shall forfeit to the United States, under 21 U.S.C. 853, 18 U.S.C. 924(d), and 28 U.S.C. 2461(c), 42 rounds of ammunition, consisting of Speer Lawmen 9 mm ammunition and Win Luger 9 mm ammunition (collectively "property subject to forfeiture"). 2. Upon the entry of this Order, the United State
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PRELIMINARY ORDER OF FORFEITURE

KRISTINE G. BAKER, District Judge.

IT IS HEREBY ORDERED THAT:

1. As the result of the August 15, 2013, guilty plea of Jessie Sanders, Jr. ("Defendant"), Defendant shall forfeit to the United States, under 21 U.S.C. § 853, 18 U.S.C. § 924(d), and 28 U.S.C. § 2461(c), 42 rounds of ammunition, consisting of Speer Lawmen 9 mm ammunition and Win Luger 9 mm ammunition (collectively "property subject to forfeiture").

2. Upon the entry of this Order, the United States Attorney General (or a designee) 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, in accordance with Federal Rule of Criminal Procedure 32.2(b)(3). Further, the United States Attorney General (or a designee) is authorized to commence any applicable proceeding to comply with statutes governing third party rights, including giving notice of this Order.

3. The United States shall publish notice of this Order and the United States' intent to dispose of the property subject to forfeiture in such a manner as the United States Attorney General (or a designee) may direct. 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 the above-named 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). This petition must be filed within 30 days of the final publication of notice or receipt of notice, whichever is earlier. Id.

5. This Preliminary Order of Forfeiture shall become final as to the 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.

Source:  Leagle

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