United States District Court, S.D. Alabama, Southern Division
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
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