IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

UNITED STATES OF AMERICA )

)

v. ) CR. NO. 2:06cr203-MHT

)

JOSEPH LEE STRINGER )

UNITED STATES OF AMERICA’S MOTION

TO AMEND PRELIMINARY ORDER OF FORFEITURE

The United States of America (United States), by its

undersigned counsel, respectfully moves this Honorable Court to

strike all weapons listed in the Preliminary Order of Forfeiture

entered on November 1, 2006, except the Taurus, Model Ultralight,

.38 Special Revolver, bearing serial number VJ987235 and amend said

Order. As grounds, the United States would show that the weapons

other than the Taurus .38 revolver have not been recovered in the

Middle District of Alabama. Continuing the criminal forfeiture

process as to these weapons would only incur costs for both the

United States and the Court without a real prospect of benefit. A

proposed Amended Preliminary Order of Forfeiture is attached.

Respectfully submitted this 29 day of January, 2007. th

Case 2:06-cr-00203-MHT-CSC Document 23 Filed 01/29/2007 Page 1 of 2
FOR THE UNITED STATES ATTORNEY

 LEURA G. CANARY

/s/John T. Harmon 

John T. Harmon

Assistant United States Attorney

Bar Number: 7068-II58J

Office of the United States Attorney

Middle District of Alabama

One Court Square, Suite 201

Montgomery, Alabama 36104

Telephone:(334) 223-7280

Facsimile:(334) 223-7560

CERTIFICATE OF SERVICE

I hereby certify that on January 29, 2007, I electronically

filed the foregoing Motion to Amend with the Clerk of the Court

using the CM/ECF system which will send notification of such filing

to the following: Christopher A. Snyder and Jennifer Hart.

Respectfully submitted,

/s/John T. Harmon 

John T. Harmon

Assistant United States Attorney

Case 2:06-cr-00203-MHT-CSC Document 23 Filed 01/29/2007 Page 2 of 2
IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

UNITED STATES OF AMERICA )

)

v. ) CR. NO. 2:06cr203-MHT

)

JOSEPH LEE STRINGER )

AMENDED PRELIMINARY ORDER OF FORFEITURE

WHEREAS, in the Forfeiture Allegation of the Indictment in the

above case, the United States sought forfeiture of specific

firearms, and,

WHEREAS, Joseph Lee Stringer (defendant) consents to the

forfeiture of a specific firearm,

IT IS HEREBY ORDERED THAT: 

1. 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 922(g)(3).

2. 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:

Case 2:06-cr-00203-MHT-CSC Document 23-2 Filed 01/29/2007 Page 1 of 4
One Taurus, Model Ultralight, .38 Special

Revolver, bearing serial number VJ987235.

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

General is authorized 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).

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 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.

6. 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).

Case 2:06-cr-00203-MHT-CSC Document 23-2 Filed 01/29/2007 Page 2 of 4
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 firearm 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.

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

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.

Case 2:06-cr-00203-MHT-CSC Document 23-2 Filed 01/29/2007 Page 3 of 4
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 January, 2007.

 ______________________________

 UNITED STATES DISTRICT JUDGE

Case 2:06-cr-00203-MHT-CSC Document 23-2 Filed 01/29/2007 Page 4 of 4