UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

UNITED STATES OF AMERICA, 

 Case No: 15-20336 

 Plaintiff, Honorable: Robert H. Cleland 

v. 

D-1 DERAL DEWAYNE DORSEY, 

 Defendant. 

________________________________/ 

PRELIMINARY ORDER OF FORFEITURE

 

Based upon Defendant’s conviction for violating 18 U.S.C. § 922(g)(1) as 

set forth in Count One of the Indictment, Defendant’s Rule 11 Plea Agreement, the 

Government’s Application for Entry of Preliminary Order of Forfeiture, and all the 

information contained in the record, and pursuant to 18 U.S.C. § 924(d) and 28 

U.S.C. § 2461(c), IT IS HEREBY ORDERED, ADJUDGED AND DECREED 

THAT: 

1. Defendant shall forfeit any right, title and interest he may possess in 

any firearm and ammunition involved in or used in his violation of 18 U.S.C. § 

922(g)(1).

2. The following property, which was involved in or used in Defendant’s 

violation of 18 U.S.C. § 922(g)(1), (hereinafter “Subject Property”) IS HEREBY 

FORFEITED to the United States for disposition in accordance with the law:

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a. One Jimenez Arms Pistol, Caliber .22, Serial Number: 1185725, 

b. One Raven Arms P25 Pistol, Caliber .25, Serial Number: 217101, 

c. Seven Rounds of Caliber .25 Remington Ammunition, and 

d. Eight Rounds of Caliber .22 Remington Ammunition, 

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 the Subject Property IS 

HEREBY AND FOREVER EXTINGUISHED. 

3. Upon entry of this Preliminary Order of Forfeiture, the United States 

Attorney General or her designee is authorized to commence any applicable 

proceeding to comply with the statutes governing third party rights, including giving 

notice of this Order.

4. Upon entry of this Order, the United States shall publish on 

www.forfeiture.gov, notice of this Preliminary Order of Forfeiture and of its intent 

to dispose of the Subject Property 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 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 

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adjudicate the validity of the petitioner's alleged interest in the Subject Property. 

Any petition filed by a third party asserting an interest in 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 the Subject Property, the 

time and circumstances of the petitioner=s acquisition of the right, title, or interest in 

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

relief sought. 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 the Subject 

Property.

5. After the disposition of any motion filed under Federal Rule of 

Criminal Procedure 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.

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 it is 

entered by the Court. If no third party files a timely claim, this Order shall become 

the Final Order of Forfeiture as to third parties, as provided by Federal Rule of 

Criminal Procedure 32.2(c)(2).

7. The United States shall have clear title to the Subject Property 

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following the Court=s disposition of all third-party interests, 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.

8. The Court retains 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.

 S/Robert H. Cleland 

 ROBERT H. CLELAND 

 UNITED STATES DISTRICT JUDGE 

Dated: May 9, 2016 

I hereby certify that a copy of the foregoing document was mailed to counsel of record 

and/or pro se parties on this date, May 9, 2016, by electronic and/or ordinary mail. 

 S/Lisa Wagner 

 Case Manager and Deputy Clerk 

 (313) 234-5522 

 

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