IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

UNITED STATES OF AMERICA )

)

v. ) CASE NO. 2:06-cr-192-MEF

)

JESSIE BRENT WALKER )

PRELIMINARY ORDER OF FORFEITURE

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

forfeiture of specific property,

It is is hereby ORDERED that: 

1. The Motion for a Preliminary Order of Forfeiture (Doc. # 24) is GRANTED.

2. As a result of the guilty plea on Count 2 of the indictment, for which the

Government sought forfeiture pursuant to Title 18, United States Code, Section 924 and Title

28, United States Code, Section 2461(c), the Defendant shall forfeit to the United States: all

firearms and ammunition involved in the commission of the violation of Title 18, United

States Code, Section 924(c)(1)(A).

3. The Court has determined that the following firearm is subject to forfeiture

pursuant to Title 18, United States Code, Section 924 and Title 28, United States Code,

Section 2461(c); that the defendant had an interest in such firearm; and, that the United States

has established the requisite nexus between such firearm and such offense:

Smith & Wesson, Model 457 .45 caliber pistol,

serial number VZE7464.

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

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to seize the above-listed firearm and conduct any discovery proper in identifying, locating

or disposing of the firearm subject to forfeiture, in accordance with Fed. R. Crim. P.

32.2(b)(3).

5. 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.

6. The United States shall publish notice of the Order and its intent to dispose of

the firearm 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 firearm.

7. Any person, other than the above named defendant, asserting a legal interest

in the subject firearm 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 firearm, and for an amendment of the Order of

Forfeiture, pursuant to Title 28, United States Code, Section 2461(c) which incorporates

Title 21, United States Code, Section 853(n)(6).

8. 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).

9. Any petition filed by a third party asserting an interest in the subject firearm

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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 firearm, the time and

circumstances of the petitioner’s acquisition of the right, title or interest in the subject

firearm, and any additional facts supporting the petitioner’s claim and the relief sought.

10. 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.

11. The United States shall have clear title to the subject firearm 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.

12. The Court shall retain jurisdiction to enforce this Order and to amend it as

necessary pursuant to Fed. R. Crim. P. 32.2(e).

13. 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 the 10 day of January, 2007. th

 /s/ Mark E. Fuller 

CHIEF UNITED STATES DISTRICT JUDGE

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