United States v. Eckhoff

          ORDER

          TERRY F. MOORER UNITED STATES DISTRICT JUDGE

         This matter is before the Court on the government's motion for preliminary order of forfeiture. (Doc. 24). Based on the indictment and the defendant's admissions in open court (Doc.1) the motion is granted. It is therefore:

         ORDERED, ADJUDGED AND DECREED, that pursuant to Title 18, United States Code, Section 924(d), Title 28, United States Code, Section 2461(c), and Fed. R. Crim. P. 32.2(b), the interest of the defendant, Johnathan Edward Eckhoff, in the property identified as follows is hereby condemned and forfeited to the United States for disposition according to law:

         One Western Auto, Model 310A, 12 gauge shotgun sawed-off shotgun, unknown serial number;

         One Ruger, Model EC9S, semi-automatic pistol, serial number 454-66713;

         Four (4) rounds 12 gauge ammunition; and

         Eight (8) rounds 9mm ammunition.

         AND WHEREAS, by virtue of said guilty plea, and the defendant's admission in open court at the time of his guilty plea, the United States is now entitled to, pending possible appeal herein, reduce the said property to its possession and notify any and all potential third parties who have or may have an interest in the forfeited property, pursuant to Title 21, United States Code, Section 853 and Fed. R. Crim. P. 32.2(b):

         NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED:

         That based on the foregoing and Fed. R. Crim. P 32.2(b), the above-described property is hereby forfeited to and vested in the United States of America for disposition in accordance with law, subject to the provisions of Title 21, United States Code, Section 853(n).

         The aforementioned property is authorized to be held by the Federal Bureau of Investigation or other authorized federal agency in their secure custody and control and to dispose of it in accordance with law.

         Pursuant to 21 U.S.C. § 853(n)(1) and the Attorney General's authority to determine the manner of publication of an order of forfeiture in a criminal case, the United States shall publish notice of this Order on an official government internet site (www.forfeiture.gov) for at least 30 consecutive days.

         In accordance with Section 853(n)(1)-(3), the notice shall ...