IN THE DISTRICT COURT OF THE UNITED STATES

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

UNITED STATES OF AMERICA )

)

v. ) CASE NO. 2:06cr169-WKW

)

DEMETRIA MILLS )

UNITED STATES’ RESPONSE TO PETITION FOR HEARING

TO ADJUDICATE VALIDITY OF THE INTEREST OF

TITLEMAX OF ALABAMA, INC.

The United States of America (United States), by and through

Leura G. Canary, United States Attorney, Middle District of

Alabama, and Tommie Brown Hardwick, Assistant United States

Attorney, hereby states the following:

I. Background

Demetria Mills (“the defendant”) pleaded guilty to Counts 23,

28 and 31 of the indictment in criminal case number 2:06cr169-WKW.

These counts involved the use of a cellular telephone in

committing, causing and facilitating the offense set forth in Count

1 (21 U.S.C. § 846) of the indictment in violation of 21 U.S.C. §

843(b). Counts 23, 28 and 31 involved criminal activity occurring

between August 22, 2005 and September 21, 2005.

On December 19, 2007, a Preliminary Order of Forfeiture was

entered in the same criminal case forfeiting the defendant’s

interest in a 2002 Chevrolet Tahoe, VIN: 1GNEC13Z52R236758. The

forfeiture was based upon the property’s connection to the crime as

established in Counts 23, 28 and 31 and 21 U.S.C. § 853.

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The United States served notice of this forfeiture and

TitleMax of Alabama, Inc. (TitleMax) filed a petition asserting an

interest in the 2002 Chevrolet Tahoe.

II. Argument

21 U.S.C. § 853(n)(6)(A) states the order of forfeiture

entered in a criminal forfeiture shall be amended to reflect the

interest of a petitioner who, by a preponderance of the evidence,

establishes that petitioner had a vested or superior interest in

the subject property at the time of the illegal act giving rise to

forfeiture.

It appears that TitleMax had a secured interest in the subject

vehicle beginning February 10, 2005. The illegal acts giving rise

to forfeiture began on or about August 22, 2005. See Indictment.

Accordingly, TitleMax is entitled to have the order of forfeiture

amended to reflect their secured interest.

III. Conclusion

TitleMax’s petition declares a sum of $3,500 as due and owing

under their secured interest. If said sum is the total amount

sought by TitleMax under their petition, the United States will,

upon approval of the Court, prepare a proposed amended order of

forfeiture to reflect TitleMax’s interest.

Respectfully submitted this 25 day of February, 2008. th

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LEURA G. CANARY

UNITED STATES ATTORNEY

/s/Tommie Brown Hardwick

TOMMIE BROWN HARDWICK

Assistant United States Attorney

Bar Number: ASB4152 W86T

131 Clayton Street

Montgomery, Alabama 36104

Phone: (334) 223-7280

Fax: (334) 223-7135

E-mail: tommie.hardwick@usdoj.gov

CERTIFICATE OF SERVICE

I hereby certify that on February 25, 2008, I electronically

filed the foregoing with the Clerk of the Court using the CM/ECF

system which will send notification of such filing to all counsel

of record.

Respectfully submitted,

/s/Tommie Brown Hardwick

TOMMIE BROWN HARDWICK

Assistant United States Attorney

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