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United States v. Bland

United States District Court, S.D. Ohio, Western Division

December 2, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
KENNETH BLAND, Defendant.

          SECOND PRELIMINARY ORDER OF FORFEITURE

          WALTER H. RICE UNITED STATES DISTRICT JUDGE.

         Upon the United States' Second 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 THAT:

         On July 9, 2019, a grand jury in the Southern District of Ohio returned a one-count Superseding Indictment, charging defendant Kenneth Bland with felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2).

         On August 28, 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 Superseding Indictment and agreed to the immediate forfeiture, pursuant to 18 U.S.C. § 924(d)(1) and 28 U.S.C. § 2461(c), of any firearm and ammunition involved in or used in the commission of the offense, including but not limited to, a Keltec P-40, Serial No. 64762. The Court accepted Defendant's guilty plea to Count 1 of the Superseding Indictment on September 19, 2019.

         On November 22, 2019, the Court entered the Preliminary Order of Forfeiture against the Keltec P-40 firearm.

         The United States has identified additional property for forfeiture that was involved in the commission of the offense, namely, approximately ten (10) rounds of .40 caliber ammunition (the "subject property").

         The 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 Superseding Indictment to which the Defendant has pleaded guilty. The Defendant had an interest in the subject property.

         The United States has established the requisite nexus between the subject property and the Defendant's offense.

         THEREFORE, 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 ...


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