UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

UNITED STATES OF AMERICA, 

Plaintiff, CASE NO. 15-cr-20213 

v. HON. GERSHWIN A. DRAIN 

JAMES DEMARCO WASHINGTON, 

 Defendant. 

______________________________/ 

PRELIMINARY ORDER OF FORFEITURE 

An Indictment was filed on or about April 7, 2015, which charged 

JAMES DEMARCO WASHINGTON (“Defendant”) with violating 21 U.S.C. § 

841(a)(1) (Counts One and Two). 

The Indictment contains Forfeiture Allegations providing notice that upon 

conviction, pursuant to 21 U.S.C. § 853, the United States intends to seek 

forfeiture of any property constituting, or derived from, proceeds obtained as a 

result of Defendant’s Title 21 violations, and any property used or intended to 

be used to commit such offenses including, but not limited to: 

 one Ruger Pistol, model P90DC, SN 660-12763; 

 one Romarm/Cugir assault rifle, model GP WASR-10/63, SN 

1967AG3212; and 

 one Springfield 9mm handgun, model XD9, SN XD203499 

hereinafter referred to as (“Subject Firearms”). 

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On or about September 8, 2015, Defendant pled guilty to Counts One and 

Two of the Indictment and agreed to forfeit the Subject Firearms pursuant to 21 

U.S.C. § 853. 

NOW, THEREFORE, pursuant to Federal Rule of Criminal Procedure 

32.2 and 21 U.S.C. § 853, based upon the Indictment, Defendant’s Rule 11 Plea 

Agreement and guilty plea, and all the information contained in the record, IT IS 

HEREBY ORDERED, ADJUDGED AND DECREED THAT: 

1. Any and all right, title and interest of Defendant in the Subject 

Firearms IS HEREBY FORFEITED to the United States for 

disposition in accordance with law, and any right, title or interest of 

Defendant and any right, title or interest that his heirs, successors or 

assigns, have or may have in said Subject Firearms IS HEREBY 

AND FOREVER EXTINGUISHED. 

2. The Subject Firearms are subject to forfeiture pursuant to 21 U.S.C. § 

853 and the requisite nexus exists between the offenses of conviction 

and the Subject Firearms.

3. Upon entry of this Order, the government is authorized, pursuant to 

Fed.R.Crim.P. 32.2(b)(2) and (3), to seize any property identified 

above which is not currently in its custody or control, to conduct any 

discovery that the Court considers proper to help identify, locate, or 

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dispose of any property seized, and the United States is authorized to 

begin proceedings consistent with applicable statutory requirements 

pertaining to ancillary hearings and the rights of any third parties.

4. The United States shall publish notice on www.forfeiture.gov of this 

preliminary forfeiture order and of its intent to dispose of the Subject 

Firearms in such manner as the Attorney General may direct, 

pursuant to 21 U.S.C. § 853(n). Said notice shall direct that any 

person, other than the Defendant, asserting a legal interest in the 

Subject Firearms may file a petition with the Court within thirty (30) 

days of the final publication of notice or of receipt of actual notice, 

whichever is earlier. The petition shall be for a hearing before the 

Court alone, without a jury and in accordance with 21 U.S.C. § 

853(n), to adjudicate the validity of the petitioner’s alleged interest in 

the Subject Firearms. The petition must be signed by the petitioner 

under penalty of perjury and must set forth the nature and extent of 

the petitioner’s alleged 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, any additional facts 

supporting the petitioner's claim, and the relief sought. The United 

States may also, to the extent practicable, provide direct written 

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notice to any person or entity known to have an alleged interest in the 

Subject Firearms. 

5. Following the Court’s disposition of any petitions for ancillary 

hearing, or, if none, following the expiration of the period provided in 

21 U.S.C. § 853(n) (2) for the filing of third party petitions, the 

United States shall have clear title to the Subject Firearms and shall 

be authorized to dispose of the Subject Firearms as prescribed by law.

6. Pursuant to Federal Rule of Criminal Procedure 32.2(b) (4) (A), this 

Preliminary Order of Forfeiture shall become final as to Defendant at 

the time he is sentenced and shall be made part of the sentence and 

included in the judgment. If no third party files a timely claim, this 

Order shall become the Final Order of Forfeiture as provided under 

Federal Rule of Criminal Procedure 32.2(c)(2).

7. The Court shall retain jurisdiction to enforce this Order and to amend 

it as necessary pursuant to Federal Rule of Criminal Procedure 

32.2(e).

IT IS SO ORDERED. 

Dated: September 29, 2015 /s/Gershwin A Drain 

 HONORABLE GERSHWIN A. DRAIN 

 United States District Court Judge 

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