United States District Court, S.D. Ohio, Western Division
SECOND PRELIMINARY ORDER OF FORFEITURE
H. RICE UNITED STATES DISTRICT JUDGE.
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
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
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.
November 22, 2019, the Court entered the Preliminary Order of
Forfeiture against the Keltec P-40 firearm.
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").
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.
United States has established the requisite nexus between the
subject property and the Defendant's offense.
IT IS HEREBY ORDERED THAT:
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).
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.
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.
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).
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 ...