United States District Court, S.D. Ohio, Western Division
PRELIMINARY ORDER OF FORFEITURE
H. RICE, UNITED STATES DISTRICT JUDGE
the United States' Motion for Preliminary Order of
Forfeiture and the Court's review of the evidence in the
record, including the Plea Agreement, the Court HEREBY FINDS
January 8, 2019, a grand jury in the Southern District of
Ohio returned a one-count Indictment, charging defendant
Jermichael Malcolm with Felon in Possession of a Firearm, in
violation of 18 U.S.C. § 922(g)(1).
to Fed. R. Crim. P. 32.2(a), a forfeiture allegation in the
Indictment contained notice to the Defendant that the United
States would seek the forfeiture of any firearm or ammumtion
involved in or used in the violation, including but not
limited to, a Glock GMBH Model 23, .40 caliber Pistol, SN:
CUG644US with magazine and nine (9) rounds of .40 caliber
ammunition (the "subject property").
17, 2019, the Defendant entered into a Plea Agreement with
the United States in which the Defendant agreed to plead
guilty to Count 1 of the Indictment and agreed to the
immediate forfeiture of the subject property, pursuant to 18
U.S.C. § 924(d)(1) and 28 U.S.C. § 2461(c), as
property involved in or used in the violation.
Defendant entered a plea of guilty to Count 1 of the
Indictment on May 17, 2019.
subject property is forfeitable, pursuant to 18 U.S.C. §
924(d)(1) and 28 U.S.C. § 2461(c), as property involved
in the offense set forth in Count 1 of the Indictment to
which the Defendant has pleaded guilty. The Defendant had an
interest in the subject property.
United States has established the requisite nexus between the
subject property and the Defendant's offense.
IT IS HEREBY ORDERED THAT:
1. All right, title, and interest in the subject property is
condemned and forfeited to the United States pursuant to 18
U.S.C. § 924(d)(1) and 28 U.S.C. § 2461(c).
2. The United States is authorized to seize the subject
property, pursuant to 21 U.S.C. § 853(g) and Fed. R.
Crim. P. 32.2(b)(3), whether held by the Defendant or a third
party; conduct any discovery for identifying, locating, or
disposing of the property; and to commence proceedings that
comply with any statutes governing third party rights.
3. In accordance with the direction provided by the Attorney
General and Fed. R. Crim. P. 32.2(b)(6), the United States
shall publish notice of this Order and send notice to any
person who reasonably appears to be a potential claimant with
standing to contest the forfeiture in the ancillary
proceeding. Publication must take place as described in
Supplemental Rule G(4)(a)(iii) of the Federal Rules of Civil
Procedure, and may be by any means described in Supplemental
Rule G(4)(a)(iv). Publication is unnecessary if any exception
in Supplemental Rule G(4)(a)(i) applies.
4. The notice must describe the forfeited property, state the
times under the applicable statute when a petition contesting
the forfeiture must be filed, and state the name and contact
information for the Assistant United States Attorney to be
served with the petition. The notice may be sent in
accordance with Supplemental Rules G(4)(b)(iii)-(v).
5. Pursuant to 21 U.S.C. § 853(n)(2), any person, other
than the Defendant, asserting a legal interest in the subject
property, who wishes to contest the forfeiture of the subject
property must, within thirty (30) days of the final
publication of notice or of receipt of actual notice,
whichever is earlier, file a petition in the United States
District Court for the Southern District of Ohio ...