IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

UNITED STATES OF AMERICA )

)

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

)

JAMES CALVIN TALLEY )

PRELIMINARY ORDER OF FORFEITURE

This case is before the court on the government’s Motion for Preliminary Order of

Forfeiture (Doc. # 471.) Because the United States sought forfeiture of specific property in

the indictment and the bill of particulars in the above case, and the defendant James Calvin

Talley filed a Consent for Forfeiture on December 18, 2007, for forfeiture of specific

property, it is ORDERED that the Motion for Preliminary Order of Forfeiture is due to be

GRANTED.

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

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such property; and, that the United States has established the requisite nexus between such

property and such offenses:

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

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Forfeiture, pursuant to Title 28, United States Code, Section 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

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.

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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.

DONE this 21st day of December, 2007. 

 /s/ W. Keith Watkins 

UNITED STATES DISTRICT JUDGE

 ______________________________

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