IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

UNITED STATES OF AMERICA )

)

v. ) CR. NO. 2:06cr169-WHA

)

JAMES CALVIN TALLEY )

PRELIMINARY ORDER OF FORFEITURE

WHEREAS, in the forfeiture allegation of the indictment and

the bill of particulars in the above case, the United States sought

forfeiture of specific property, and,

WHEREAS, defendant James Calvin Talley filed a Consent for

Forfeiture on December 18, 2007, for forfeiture of specific

property,

IT IS HEREBY ORDERED THAT: 

1. As a result of the guilty plea on Count 1 of the

indictment, for which the Government sought forfeiture pursuant to

Title 21, United States Code, Section 853, the defendant shall

forfeit to the United States: all property involved in the

commission of violations of Title 21, United States Code, Section

841(a)(1) and Title 21, United States Code, 846.

2. The Court has determined that the following property is

subject to forfeiture pursuant to Title 21, United States Code,

Section 853; that the defendant had an interest in such property;

and, that the United States has established the requisite nexus

between such property and such offenses:

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Thirty Thousand One Hundred Forty

One and 84/100 Dollars ($30,141.84)

in United States currency seized

from Mutual Savings Credit Union

account in the name of James C.

Talley, Jr. on April 14, 2006.

3. Upon the entry of this Order, the United States Attorney

General is authorized to seize the above-listed property and

conduct any discovery proper in identifying, locating or disposing

of the property subject to forfeiture, in accordance with Fed. R.

Crim. P. 32.2(b)(3).

4. Upon entry of this Order, the United States Attorney

General is authorized to commence any applicable proceeding to

comply with statutes governing third party rights, including giving

notice of this Order.

5. 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.

6. 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 Title 28, United States Code, Section 

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2461(c) which incorporates Title 21, United States Code, Section

853(n)(6).

7. Pursuant to Fed. R. Crim. P. 32.2(b)(3), this Order of

Forfeiture shall become final as to the defendant at the time of

sentencing and shall be made part of the oral pronouncement of

sentence and included in the written judgment in a criminal case.

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).

8. 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 property, and any

additional facts supporting the petitioner’s claim and the relief

sought.

9. After the disposition of any motion filed under Fed. R.

Crim. P. 32.2(c)(1)(A) and before a hearing on the petition,

discovery may be conducted in accordance with the Federal Rules of

Civil Procedure upon a showing that such discovery is necessary or

desirable to resolve factual issues.

10. The United States shall have clear title to the subject

property following the Court’s disposition of all third-party

interests, or, if no such petitions are filed, following the

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expiration of the period provided in Title 21, United States Code,

Section 853(n)(2), which is incorporated by Title 28, United States

Code, Section 2461(c), for the filing of third party petitions.

11. The Court shall retain jurisdiction to enforce this Order

and to amend it as necessary pursuant to Fed. R. Crim. P. 32.2(e).

12. IT IS FURTHER ORDERED that the Clerk of the Court shall

note entry of this Order in writing on the Judgment in a Criminal

Case and forward two certified copies of this Order to the United

States Attorney’s Office.

SO ORDERED this the ______ day of ___________, 2007.

 ______________________________

 UNITED STATES DISTRICT JUDGE

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