1 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

UNITED STATES OF AMERICA, 

 Plaintiff, Case No. 14-20467 

 Honorable: Robert Cleland 

vs. 

GEORGE STEWART, 

 

 Defendant. 

__________________________________/ 

STIPULATED PRELIMINARY ORDER OF FORFEITURE

 The United States of America, by and through its attorneys, BARBARA L. 

McQUADE, United States Attorney for the Eastern District of Michigan, and 

ADRIANA DYDELL, Assistant United States Attorney, together with Defendant 

GEORGE STEWART (“Defendant”), individually and by and through his 

attorney, ANTONIO TUDDLES, Esq., hereby submit this Stipulated Preliminary 

Order of Forfeiture: 

1. An Indictment was filed on or around August 6, 2014 which charged 

Defendant with one count of Possession With Intent to Distribute Marijuana 

pursuant to 21 U.S.C. § 841(a)(1); one count of Possession of a Firearm in 

Furtherance of a Drug Trafficking Crime pursuant to 18 U.S.C. § 924(c); and one 

count of Felon in Possession of a Firearm pursuant to 18 U.S.C. § 922(g)(1) 

(Docket #12). 

2:14-cr-20467-RHC-DRG Doc # 20 Filed 11/10/14 Pg 1 of 7 Pg ID 50
2 

2. The Indictment sought criminal forfeiture pursuant to 18 U.S.C. 

§ 924(d) and 28 U.S.C. § 2461(c) of all property that was involved and/or used in 

the knowing commission of 18 U.S.C. § 922(g). (Docket #12). Defendant 

acknowledges that the Indictment contains notice of forfeiture. 

3. On November 5, 2014, Defendant pleaded guilty to Counts One and 

Three of the Indictment, which charged Defendant with Possession With Intent to 

Distribute Marijuana pursuant to 21 U.S.C. § 841(a)(1) and Felon in Possession of 

a Firearm pursuant to 18 U.S.C. § 922(g)(1). As part of the Rule 11 plea 

agreement, Defendant agreed to forfeiture of the following property (hereinafter 

collectively referred to as the “Subject Property”): 

a) One (1) 9mm Smith & Wesson Handgun, Model SW9GVE, 

Serial Number: PBV9879; and 

b) One (1) Cobra .380 Caliber Handgun, Model CA380, Serial 

Number: CP046654. 

4. In entering into this Stipulation with respect to forfeiture, Defendant 

acknowledges that he understands that forfeiture of the Subject Property is part of 

the sentence that may be imposed on him in this case and waives his right to 

challenge any failure by the Court to advise him of this at the time that his guilty 

plea is accepted pursuant to Federal Rules of Criminal Procedure 11(b)(1)(J). 

5. In entering into this Stipulation with respect to forfeiture, Defendant 

knowingly, voluntarily, and intelligently waives any challenge to forfeiture of the 

2:14-cr-20467-RHC-DRG Doc # 20 Filed 11/10/14 Pg 2 of 7 Pg ID 51
3 

Subject Property based upon the Excessive Fines Clause of the Eighth Amendment 

to the United States Constitution, and specifically acknowledges that the Subject 

Property was involved in, used for, or intended to be used for Possession With 

Intent to Distribute Marijuana and Felon in Possession of a Firearm, and is 

therefore subject to forfeiture to the United States pursuant to 18 U.S.C. § 924(d) 

and 28 U.S.C. § 2461(c). 

6. In entering into this Stipulation with respect to forfeiture, Defendant 

hereby agrees to immediate entry of this Stipulated Preliminary Order of 

Forfeiture, and agrees that any and all interest he has in the Subject Property shall 

be forfeited to the United States for disposition according to law. Further, 

Defendant expressly waives the requirements of Federal Rules of Criminal 

Procedure 32.2 and 43(a) regarding pronouncement of forfeiture at sentencing and 

incorporation of forfeiture in the judgment and expressly waives any right to have 

a jury determine forfeiture of his interest in the Subject Property. 

7. NOW THEREFORE, based upon the Indictment, the Rule 11 Plea 

Agreement, this Stipulation, and other information in the record, and pursuant to 

18 U.S.C. § 924(d) and 28 U.S.C. § 2461(c), IT IS HEREBY ORDERED that the 

Subject Property IS HEREBY FORFEITED to the United States for disposition 

according to law, and any right, title or interest of Defendant, and any right, title or 

2:14-cr-20467-RHC-DRG Doc # 20 Filed 11/10/14 Pg 3 of 7 Pg ID 52
4 

interest that his heirs, successors or assigns have, or may have, in the Subject 

Property is HEREBY AND FOREVER EXTINGUISHED. 

8. IT IS FURTHER ORDERED THAT, upon entry of this Stipulated 

Preliminary Order of Forfeiture and pursuant to 21 U.S.C. § 853(n), and other 

applicable statutes, the United States shall publish on www.forfeiture.gov, notice 

of this Stipulated Preliminary Order of Forfeiture and of its intent to dispose of the 

Subject Property. The United States may also, to the extent practicable, provide 

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

any of the Subject Property. The aforementioned notice shall direct that any 

person, other than the Defendant, asserting a legal interest in any of the Subject 

Property 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 Property. Any petition filed by a third party 

asserting an interest in any of the Subject Property 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 any identified Subject Property, the time and 

circumstances of the petitioner’s acquisition of the right, title, or interest in any 

2:14-cr-20467-RHC-DRG Doc # 20 Filed 11/10/14 Pg 4 of 7 Pg ID 53
5 

identified Subject Property, any additional facts supporting the petitioner's claim, 

and the relief sought. 

9. IT IS FURTHER ORDERED THAT, after the disposition of any 

motion filed under Federal Rule of Criminal Procedure 32.2(c)(1)(A) and before a 

hearing on any ancillary petition, the United States may conduct discovery in 

accordance with the Federal Rules of Civil Procedure upon a showing that such 

discovery is necessary or desirable to resolve factual issues. 

10. IT IS FURTHER ORDERED THAT, pursuant to Federal Rule of 

Criminal Procedure 32.2(b)(4)(A), this Stipulated Preliminary Order of Forfeiture 

shall become final as to Defendant at the time of entry and forfeiture of the Subject 

Property shall be made part of the Defendant’s sentence in this case and included 

in the Judgment. If: (1) no third party files a timely petition before the expiration 

of the period provided in 21 U.S.C. § 853(n)(2), or (2) any petitions for ancillary 

hearing are disposed of or adjudicated in favor of the United States, then this 

Stipulated Preliminary Order of Forfeiture shall become the Final Order of 

Forfeiture as provided by Federal Rule of Criminal Procedure 32.2(c)(2). 

11. IT IS FURTHER ORDERED THAT, after this Stipulated Preliminary 

Order of Forfeiture becomes the Final Order of Forfeiture; the United States shall 

have clear title to the Subject Property and shall be authorized to dispose of the 

Subject Property as prescribed by law. 

2:14-cr-20467-RHC-DRG Doc # 20 Filed 11/10/14 Pg 5 of 7 Pg ID 54
6 

12. IT IS FURTHER ORDERED THAT, the Court retains jurisdiction to 

enforce this Order, and to amend it as necessary, pursuant to Federal Rule of 

Criminal Procedure 32.2(e). 

Agreed as to form and substance: 

BARBARA L. McQUADE 

United States Attorney 

S/ADRIANA DYDELL S/ANTONIO TUDDLES 

ADRIANA DYDELL ANTONIO TUDDLES, Esq. 

Assistant United States Attorney Attorney for Defendant 

211 W. Fort Street, Suite 2001 615 Griswold, Suite 1509 

Detroit, MI 48226 Detroit, MI 48226 

(313) 226-9125 (313) 965-1457 

adriana.dydell@usdoj.gov ADTLAWOFFICE1509@yahoo.com 

[CA Bar No 239516] [P-64158] 

Dated: November 7, 2014 Dated: November 5, 2014 

 

 S/George Stewart (see attached) 

 GEORGE STEWART, Defendant 

 Dated: November 10, 2014 

******************************************** 

IT IS SO ORDERED. 

 s/Robert H. Cleland 

Dated: November 10, 2014 HONORABLE ROBERT CLELAND 

 United States District Judge 

2:14-cr-20467-RHC-DRG Doc # 20 Filed 11/10/14 Pg 6 of 7 Pg ID 55
7 

2:14-cr-20467-RHC-DRG Doc # 20 Filed 11/10/14 Pg 7 of 7 Pg ID 56