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United States v. Shelton
United States District Court, S.D. Mississippi, Western Division
June 14, 2018
UNITED STATES OF AMERICA
Jennifer Case Assistant United States Attorney, William
Shelton Defendant, Abby W. Brumley Attorney for Defendant.
AGREED PRELIMINARY ORDER OF FORFEITURE
BRAMLETTE III UNITED STATES DISTRICT JUDGE.
to a separate Plea Agreement and Plea Supplement between the
defendant, WILLIAM SHELTON, by and with the
consent of his attorney, and the UNITED STATES OF
AMERICA (hereinafter "the Government"),
the defendant agrees that the following findings are correct,
and further agrees with the adjudications made herein.
Accordingly, the Court finds as follows:
1. The defendant is fully aware of the consequences of having
agreed to forfeit to the Government his interests in and to
one (1) Ruger pistol, .22 caliber, model number SR22,
serial number 36301136 and any
magazine (hereinafter "Property"),
having been apprised of such by his attorney and by this
Court; .and he has freely and voluntarily, with knowledge of
the consequences, entered into a Plea Agreement and Plea
Supplement with the Government to forfeit the Property.
2. The defendant agrees, the Property was used, or was
intended to be used, in any manner or part, to commit, or to
facilitate the commission of the offense charged in the
Indictment and/or was involved in the offense charged in the
Indictment. Such Property is, therefore, subject to
forfeiture pursuant to 18 U.S.C. § 924(d)(1) and 28
U.S.C. § 2461(c).
3. The defendant has been apprised that Rule 32.2 of the
Federal Rules of Criminal Procedure, and 18 U.S.C. § 982
require the Court to order the forfeiture of the Property,
at, and as a part of, the sentencing proceeding. The
defendant does hereby waive such requirement and the
requirement that the forfeiture be made a part of the
sentence as ordered by the Court in the document entitled,
"Judgment in a Criminal Case." The defendant and
his attorney further agree that the Court should enter this
order immediately, and agree that the forfeiture ordered
hereunder will be a part of the sentence of the Court
regardless whether ordered at that proceeding and/or whether
attached as a part of the said "Judgment in a Criminal
THEREFORE, ORDERED AND ADJUDGED AS FOLLOWS:
a. That the defendant shall forfeit the Property to the
b. The Court has determined, based on the defendant's
Plea Agreement and Plea Supplement, that the Property is
subject to forfeiture pursuant to 18 U.S.C. § 924(d)(1)
and 28 U.S.C. § 2461(c), that the defendant had an
interest in the Property and that the Government has
established the requisite nexus between the Property and such
c. The United States may conduct any discovery it considers
necessary to identify, locate, or dispose of the Property
subject to forfeiture or substitute assets for the Property.
d. The United States shall publish notice of the order and
its intent to dispose of the Property in such a manner as the
United States Attorney General may direct. The United States
may also, to the extent practicable, provide written notice
to any person known to have an alleged interest in the
subject Property. Fed. R. Crim. P. 32.2(c)(1).
e. Any person, other than the above named defendant,
asserting a legal interest in the subject Property may,
within thirty days of the final publication of notice or
receipt of notice, whichever is earlier, petition the court
for a hearing without a jury to adjudicate the validity of
his alleged interest in the subject Property, and for an
amendment of the Order of Forfeiture, pursuant to 21 U.S.C.
f. Pursuant to Fed. R. Crim. P. 32.2(b)(4)(A), this
Preliminary Order of Forfeiture shall become final as to the
defendant at the time of sentencing, or before sentencing if
the defendant consents, and shall be made part of the
sentence and included in the judgment. If no third party
files a timely claim, this Order shall become the Final Order
of Forfeiture, as provided by Fed. R. Crim. P. 32.2(c)(2).
g. Any petition filed by a third party asserting an interest
in the subject Property shall be signed by the petitioner
under penalty of perjury and shall set forth the nature and
extent of the petitioner's right, title, or interest in
the subject Property, the time and circumstances of the
petitioner's acquisition of the right, title or interest
in the subject ...
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