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United States v. Jones

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

December 9, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
DARRELL JONES, Defendant.

          PRELIMINARY ORDER OF FORFEITURE

          THOMAS M. ROSE JUDGE

         Upon 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 THAT:

         On August 28, 2018, a grand jury in the Southern District of Ohio returned a six-count Indictment, charging defendant Darrell Jones (hereinafter the “Defendant”) in Count 1 with conspiracy to possess with intent to distribute a controlled substance, in violation of 21 U.S.C. § 846, and in Count 5 with possession of a firearm and ammunition while being an unlawful user of controlled substances, in violation of 18 U.S.C. §§ 922(g)(3) and 924(a)(2).

         Pursuant 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 firearms and ammunition involved in or used in the violations, including a Star Arms .45 caliber handgun, Serial No. 1588305 with a magazine containing approximately 6 rounds of ammunition (the “subject property”).

         On September 6, 2019, the Defendant entered into a Plea Agreement with the United States in which the Defendant agreed to plead guilty to Count 5 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 the commission of the violation.

         The Defendant entered a plea of guilty to Count 1 of the Indictment on September 6, 2019.

         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 5 of the 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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