UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 22-20389-CR-ALTMAN

UNITED STATES OF AMERICA

v. 

JULIAN JIMENEZ, 

Defendant.

PRELIMINARY ORDER OF FORFEITURE

THIS MATTER comes before the Court upon the Motion by the United States of America 

(the “United States”) for a preliminary order of forfeiture (the “Motion”) [ECF No. XX]. Having 

reviewed the Motion, the record, and the applicable law, the Court finds as follows with respect to 

forfeiture and the Defendant, Julian Jimenez:

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 

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]: 

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(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. 

5. As set forth in the factual proffer, the Defendant agreed and planned with his codefendant 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. 

Therefore, based on the foregoing, the Court hereby

ORDERS and ADJUDGES that:

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1. The property listed in paragraph 3, supra, is forfeited to the United States, pursuant 

to Title 18, United States Code, Section 924(d)(1), and Rule 32.2 of the Federal Rules of Criminal 

Procedure.

2. Any duly authorized law enforcement agency may seize and take possession of the 

forfeited property according to law.

3. The United States shall send and publish notice of the forfeiture in accordance with 

Rule 32.2(b)(6) of the Federal Rules of Criminal Procedure and Title 21, United States Code, 

Section 853(n).

4. The United States is authorized to conduct any discovery that might be necessary

to identify, locate, or dispose of forfeited property, and to resolve any third-party petition, pursuant 

to Rule 32.2(b)(3), (c)(1)(B) of the Federal Rules of Criminal Procedure, and Title 21, United 

States Code, Section 853(m).

5. Pursuant to Rule 32.2(b)(4) of the Federal Rules of Criminal Procedure, this Order 

is final as to the Defendant.

6. The Court shall retain jurisdiction in this matter for the purpose of enforcing this 

Order, and pursuant to Rule 32.2(e)(1) of the Federal Rules of Criminal Procedure, shall amend 

this Order, or enter other orders as necessary, to forfeit additional specific property when 

identified.

7. Upon adjudication of all third-party interests, if any, the Court will enter a final 

order of forfeiture as to the property in which all interests will be addressed. Upon notice from 

the United States that no claims have been filed within 60 days of the first day of publication or 

within thirty (30) days of receipt of notice, whichever is earlier, then, pursuant to Rule 32.2(c)(2) 

of the Federal Rules of Criminal Procedure and Title 21, United States Code, Section 853(n)(7),

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this Order shall become a final order of forfeiture and any duly authorized law enforcement agency 

shall dispose of the property in accordance with applicable law.

DONE AND ORDERED in Chambers at Miami, Florida this _______ day of November

2023.

____________________________________ 

ROY K. ALTMAN

UNITED STATES DISTRICT JUDGE

cc: counsel of record

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