UNITED STATES OF AMERICA'S NOTICE THAT ITS INTERESTS AND RIGHTS EXPIRED IN PROPERTY LISTED IN PRELIMINARY ORDER OF FORFEITURE

GLORIA M. NAVARRO, District Judge.

The United States of America, by and through Daniel G. Bogden, United States Attorney for the District of Nevada, and Daniel D. Hollingsworth, Assistant United States Attorney, respectfully notifies this Honorable Court that its interests and rights in the following properties expired pursuant to Title 21, United States Code, Section 853(h):

a. a Chartered Arms .38 caliber revolver bearing serial number 360444; and

b. any and all ammunition.

This Notice is made and is based on the papers and pleadings on file herein, the attached Memorandum of Points and Authorities, and the attached Exhibit.

. . .

A proposed order is submitted with this Notice.

MEMORANDUM OF POINTS AND AUTHORITIES

A Criminal Indictment was returned against Mario Davis on June 5, 2012. Criminal Indictment, ECF No. 1. Davis pled guilty to the Criminal Indictment (ECF No. 1). Change of Plea Minutes, ECF No. 31; Plea Agreement, ECF No. 33. On March 19, 2013, this Court entered the Preliminary Order of Forfeiture (ECF No. 32) as to Davis. The Preliminary Order of Forfeiture listed the following property:

The United States of America ("United States") does not have custody of the property listed in the respective Preliminary Order of Forfeiture. The United States' forfeited interests and rights in the property listed in the respective Preliminary Order of Forfeiture have expired. "Any property right or interest not exercisable by, or transferrable for value to, the United States shall expire and shall not revert to the defendant . . ." Title 21, United States Code, Section 853(h); Title 18, United States Code, Section 1963(f); see also United States v. Conner, 603 F.Supp.2d 890, 896 (W.D. Va. 2009).

Based on the foregoing, this Court should enter an order indicating the United States' interests and rights in the property listed in the Preliminary Order of Forfeiture have expired, that the Preliminary Order of Forfeiture is reversed and are null and void (ECF No. 32), and the property listed in the Preliminary Order of Forfeiture will not revert back to Davis and/or any person acting in concert with him and/or on his behalf.

EXHIBIT

PRELIMINARY ORDER OF FORFEITURE

This Court finds that on March 19, 2013, defendant MARIO DAVIS pled guilty to Count One of a One:Count Criminal Indictment charging him with Felon in Possession of a Firearm in violation of Title 18, United States Code, Section 922(g)(1). Criminal Indictment, ECF No. 1; Plea Agreement, ECF No. 31.

This Court finds defendant MARIO DAVIS agreed to the forfeiture of the property set forth in Forfeiture Allegation of the Criminal Indictment and the Plea Agreement. Criminal Indictment, ECF No. 1; Plea Agreement, ECF No. 32.

This Court finds, pursuant to Fed. R. Crim, P. 32.2(b)(1) and (2), the United States of America has shown the requisite nexus between property set forth in the Forfeiture Allegation of the Criminal Indictment and agreed to in the Plea Agreement and the offense to which defendant MARIO DAVIS pled guilty.

The following assets are subject to forfeiture pursuant to Title 18, United States Code, Section 924(d)(1) and Title 28, United States Code, Section 2461(c):

NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the United States of America should seize the aforementioned property.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED all right, title, and interest of MARIO DAVIS in the aforementioned property is forfeited and is vested in the United States of America and shall be safely held by the United States of America until further order of the Court.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED the United States of America shall publish for at least thirty (30) consecutive days on the official internet government forfeiture website, www.forfeiture.gov, notice of this Order, which shall describe the forfeited property, state the time under the applicable statute when a petition contesting the forfeiture must be filed, and state the name and contact information for the government attorney to be served with the petition, pursuant to Fed. R. Crim. P. 32.2(b)(6) and Title 21, United States Code, Section 853(n)(2).

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED a petition, if any, must be filed with the Clerk of the Court, 333 Las Vegas Boulevard South, Las Vegas, Nevada 89101.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED a copy of the petition, if any, shall be served upon the Asset Forfeiture Attorney of the United States Attorney's Office at the following address at the time of filing:

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED the notice described herein need not be published in the event a Declaration of Forfeiture is issued by the appropriate agency following publication of notice of seizure and intent to administratively forfeit the above-described property.

ORDER

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the United States of America's interests and rights expired in:

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Preliminary Order of Forfeiture entered in this case is null and void (ECF No. 32);

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the above-named property does not revert to Mario Davis and/or any person acting in concert with him and/or on his behalf.

IT IS SO ORDERED.