United States District Court, S.D. Mississippi.
Annette Williams Assistant United States Attorney.
WILLIAM RUSSELL OSWALT Defendant.
Carter Attorney for Defendant.
AGREED PRELIMINARY ORDER OF FORFEITURE
to a separate Plea Agreement and Plea Supplement between
WILLIAM RUSSELL OSWALT, by and with the
consent of his attorney, and the UNITED STATES OF
AMERICA (hereinafter "the Government"),
WILLIAM RUSSELL OSWALT, agrees that the
following findings are correct, and further agrees with the
adjudications made herein. Accordingly, the Court finds as
defendant is fully aware of the consequences of having agreed
to forfeit to the Government his interests in and to the
hereinafter described 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 such property.
defendant agrees the One (1) Smith & Wesson,
model 36, .38 caliber revolver, serial number 1J33770 and any
ammunition, herein referred to as the "subject
property", were used, or were intended to be used, in
any manner or part, to commit, or to facilitate the
commission of the offense charged in the one-count Indictment
and/or were involved in the offense charged in the one-count
Indictment. Such property is, therefore, subject to
forfeiture pursuant to 18 U.S.C. § 924(d)(1) and 28
U.S.C. § 2461(c).
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 One (1)
Smith & Wesson, model 36, .38 caliber
revolver, serial number 1J33770 and any ammunition,
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 the Criminal Case.
IT IS, THEREFORE, ORDERED AND ADJUDGED AS FOLLOWS:
a. That the defendant shall forfeit the One (1) Smith
& Wesson, model 36, .38 caliber revolver, serial number
1J33770 and any ammunition to the United States.
b. The Court has determined, based on the defendant's
Plea Agreement and Plea Supplement, that the above referenced
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 such property and that the
government has established the requisite nexus between the
above referenced property and such offense.
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 such 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).
c. 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 and shall be made part of
the sentence and included in the judgment, and that this
order shall be enrolled in all appropriate Judgment Rolls. If
no third party files a timely claim, this Order shall become
the Final Order of Forfeiture, as provided by Fed. R. Crim.
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 ...