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
On January 22, 2019, a grand jury in the Southern District of
Ohio returned a one-count Indictment, charging Zachary Ryan
Sizemore with conspiracy to possess with intent to distribute
50 grams or more of a mixture or substance containing a
detectable amount of methamphetamine, a Schedule II
controlled substance, in violation of 21 U.S.C. §§
846 and 841(a)(1) and (b)(1)(B)(viii).
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 property
constituting, or derived from, any proceeds obtained,
directly or indirectly, as a result of the offense charged in
Count 1 of the Indictment, and any property used, or intended
to be used, in any manner or part, to facilitate the
commission of such violation, including but not limited to
the following (the "subject property"):
• $5, 000.00 U.S. Currency seized from Defendant's
• $15, 017.00 U.S. Currency seized from Defendant's
September 27, 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 21 U.S.C. § 853(a), as proceeds of the
offense charged in Count 1 of the Indictment and/or property
that facilitated such violation.
Defendant entered a plea of guilty to Count 1 of the
Indictment on September 27, 2019.
subject property is forfeitable, pursuant to 21 U.S.C. §
853(a), as proceeds of the offense charged in Count 1 of the
Indictment and/or property that facilitated such violation to
which the Defendant has pled 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 21
U.S.C. § 853(a).
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 ...