THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

UNITED STATES OF AMERICA )

)

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

) (WO)

JOSEPH LEE STRINGER )

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, counsel for defendant Joseph Lee Stringer has orally

informed the court that defendant consents to the forfeiture of

specific firearms,

IT IS HEREBY ORDERED THAT the motion for preliminary order of

forfeiture (doc. no. 21) is granted as follows: 

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 firearms are

subject to forfeiture pursuant to Title 18, United States Code,

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Section 924 and Title 28, United States Code, Section 2461(c); that

the Defendant had an interest in such firearms; and, that the United

States has established the requisite nexus between such firearms and

such offense:

One Taurus, Model Ultralight, .38 Special

Revolver, bearing serial number VJ987235;

One Lorcin, Model L380, .380 Caliber Pistol,

bearing serial number 449499;

One Davis, Model P380, .380 Caliber Pistol,

bearing serial number AP023198;

One Bryco Arms, Model 38, .380 Caliber Pistol,

bearing serial number 1322951;

One Bryco, Model Jennings T380, .380 Caliber

Pistol, bearing serial number 1471958;

One HIPOINT, Model CF380, .380 Caliber Pistol,

bearing serial number P793644; and,

One Weihrauch, Hermann, .32 Caliber Revolver,

bearing serial number 178163.

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

General is authorized to seize the above-listed firearms and conduct

any discovery proper in identifying, locating or disposing of the

firearms subject to forfeiture, in accordance with Fed. R. Crim. P.

32.2(b)(3).

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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 firearms 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 firearms.

6. Any person, other than the above named Defendant, asserting

a legal interest in the subject firearms 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

firearms, 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).

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.

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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 firearms 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 firearms, the

time and circumstances of the petitioner’s acquisition of the right,

title or interest in the subject firearms, 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

firearms 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.

SO ORDERED this the 1st day of November, 2006.

 /s/ Myron H. Thompson 

 UNITED STATES DISTRICT JUDGE

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