UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 22-20389-CR-ALTMAN

UNITED STATES OF AMERICA

v. 

JULIAN JIMENEZ, 

Defendant.

UNITED STATES’ MOTION FOR 

PRELIMINARY ORDER OF FORFEITURE 

Pursuant to Title 18, United States Code, Section 924(d) and the procedures set forth in 

Title 21, United States Code, Section 853 and Rule 32.2 of the Federal Rules of Criminal 

Procedure, the United States of America (the “United States”), by and through the undersigned 

Assistant United States Attorney, hereby moves for the entry of a preliminary order of forfeiture

against Defendant, Julian Jimenez, in the above-captioned matter. As agreed upon in the Plea 

Agreement, ECF No. 206, the United States seeks to forfeit: one (1) .40 Sig Sauer pistol, model 

P229, serial number AE29558, magazine; and (2) three rounds of .40 S&W ammunition. In 

support of this motion, the United States provides the following factual and legal bases.

I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY

1. On August 26, 2022, a federal grand jury charged the Defendant in a three-count

Indictment. As relevant here, Count 2 of the Indictment charged the Defendant with conspiracy 

to use and carry a firearm during a crime of violence, in violation of Title 18, United States Code, 

Section 924(o). Count 3 of the Indictment charged the Defendant with discharging a firearm in 

furtherance of a crime of violence, in violation of Title 18, United States Code, Section 

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924(c)(1)(A)(iii). 

2. With respect to Counts 2 and 3, the Indictment sought forfeiture of any firearm and 

ammunition involved in or used in the commission of such offense, pursuant to Title 18, United 

States Code, Section 924(d)(1). 

3. The following specific property is subject to forfeiture, as alleged in the Plea 

Agreement [ECF No. 5]: 

(1) .40 Sig Sauer pistol, model P229, serial number AE29558, magazine; and 

(2) three rounds of .40 S&W ammunition

Upon conviction of the Defendant, the property listed in paragraph 3, supra, is subject to forfeiture, 

pursuant to Title 18, United States Code, Section 924(d)(1). 

4. On August 9, 2023, the Defendant pled guilty to Counts 1, 2, and 3 of the 

Indictment. On page 5 of the Plea Agreement [ECF No. 206], the Defendant agreed to forfeit to 

the United States: one (1) .40 Sig Sauer pistol, model P229, serial number AE29558, magazine; 

and (2) three rounds of .40 S&W ammunition. On page 5 of the Plea Agreement, the Defendant 

agreed to waive any applicable time limits for administrative or judicial forfeiture proceedings, the 

requirements of Federal Rule of Criminal Procedure 32.2 and 43(a), and any appeal of the 

forfeiture. Id. In support of the guilty plea, the Defendant executed a Factual Proffer, which

provides a factual basis for the forfeiture of property listed in paragraph 3, supra. ECF No. 207. 

II. MEMORANDUM OF LAW

A. Directly Forfeitable Property

Any firearm and ammunition involved in or used in the commission of a violation of Title 

18, United States Code, Section 924, is subject to forfeiture to the United States pursuant to Title 

18, United States Code, Section 924(d)(1). If a defendant is convicted of such violation, the Court 

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“shall order” the forfeiture of property as part of the sentence. See 18 U.S.C. § 924(d)(1). Criminal

forfeiture is governed by the preponderance standard. See United States v. Hasson, 333 F.3d 1264, 

1277 (11th Cir. 2003). Upon finding that property is subject to forfeiture by a preponderance, the 

Court:

. . . must promptly enter a preliminary order of forfeiture setting forth the amount 

of any money judgment, directing the forfeiture of specific property, and directing 

the forfeiture of any substitute property if the government has met the statutory 

criteria. The court must enter the order without regard to any third party’s interest 

in the property. Determining whether a third party has such an interest must be 

deferred until any third party files a claim in an ancillary proceeding under Rule 

32.2(c).

Fed. R. Crim. P. 32.2(b)(2)(A). 

B. Property Subject to Forfeiture in Instant Criminal Case

As set forth in the factual proffer, the Defendant agreed and planned with his co-defendant 

to shoot the victim. ECF No. 207 at 1-2. The co-defendant gave the Defendant the firearm after 

their arrival in Miami on August 21, 2019. Id. at 2. On August 27, 2019, the Defendant 

approached the victim and shot him. Id. After the shooting, the Defendant fled and abandoned 

the firearm he used to shoot the victim. Id. During the investigation, law enforcement recovered 

the firearm and ammunition. The Defendant agreed to forfeit the firearm and ammunition. ECF 

No. 206. 

Based on the record in this case, the following specific property is directly subject to 

forfeiture, pursuant to Title 18, United States Code, Section 924(d)(1):

(1) .40 Sig Sauer pistol, model P229, serial number AE29558, magazine; and 

(2) three rounds of .40 S&W ammunition

Accordingly, the Court should issue the attached proposed order, which provides for the 

forfeiture of specific property, and the inclusion of the forfeiture as part of the Defendant’s 

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sentence and judgment in this case.

WHEREFORE, pursuant to 18 U.S.C. § 924(d)(1), and the procedures set forth in Title 21, 

United States Code, Section 853 and Rule 32.2 of the Federal Rules of Criminal Procedure, the 

United States respectfully requests the entry of the attached order. 

LOCAL RULE 88.9 CERTIFICATION

Pursuant to Local Rule 88.9, I hereby certify that the undersigned counsel has conferred 

with defense counsel via e-mail on November 7, 2023, and there is no objection to this motion. 

Respectfully submitted,

MARKENZY LAPOINTE

UNITED STATES ATTORNEY

By: s/ G. Raemy Charest-Turken_ 

Gabrielle Raemy Charest-Turken

Assistant United States Attorney

Florida Bar No. 15939 

99 N.E. 4th Street, 7th Floor

Miami FL, 33132-2111

Telephone: (305) 961-9365

E-mail: Gabrielle.Charest-Turken@usdoj.gov

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