SEL LED FILED 

UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF TEXAS FEB 192020 SAN ANTONIO DIVISION 

CLPK u.s.,sIaTRICT COURT 

UNITED STATES OF AMERICA, § CRIMINAL NO.: 

STERN CT OF TEXAS 

§ 

j /)*JTY CLERK 

Plaintiff, § INDICTMENT 

§ 

VS. § Ct. 1: 18 U.S.C. § 922(o) 

§ Illegal Possession of a Machine Gun 

TYRIN MALIK FOLEY, § 

§ Ct. 2: 26 U.S.C. § 586 1(d) 

Defendant. § Possession of an Unregistered Firearm 

§ 

§ Ct. 3: 18 U.S.C. § 924(c) 

§ Possession of a Firearm in Furtherance of a 

§ Drug Trafficking Crime 

THE GRAND JURYCHARGES: SA2 0 CR0100 XR 

COUNT ONE 

118 U.S.C. § 922(o)J 

On or about September 5, 2019, in the Western District of Texas, Defendant, 

TYRIN MALIK FOLEY, 

knowingly possessed a machinegun, namely, a Glock GMBH 1 7GEN4, 9mm handgun, serial 

number BACP567, equipped with a Glock replacement slide cover plate intended for use as a 

machinegun conversion device that caused said firearm to be a machinegun, in violation of 18 

U.S.C. § 922(o). 

COUNT TWO 

[26 U.S.C. § 5861(d)J 

On or about September 5, 2019, in the Western District of Texas, Defendant, 

TYRIN MALIK FOLEY, 

knowingly possessed firearms, to wit: a New Frontier Armory LW-i 5 short-barreled rifle, .300 

caliber, serial number NLV86306 and a Glock GMBH 17GEN4, 9mm handgun, serial number 

BACP567, equipped with a Glock replacement slide cover plate intended for use as a machinegun 

Case 5:20-cr-00100-XR Document 3 Filed 02/19/20 Page 1 of 3
conversion device that caused said firearm to be a machinegun, and a Glock replacement slide 

cover plate intended for use as a machinegun conversion device, which were not then registered 

to him in the National Firearms Registration and Transfer Record, in violation of 26 U.S.C. § 

5861(d). 

COUNT THREE 

[18 U.S.C. § 924(c)] 

On or about September 5, 2019, in the Western District of Texas, Defendant, 

TYRIN MALIK FOLEY, 

did knowingly possess firearms, to wit: a New Frontier Armory LW-iS short-barreled rifle, .300 

caliber, serial number NLV86306, and a Glock GMBH 17GEN4, 9mm handgun, serial number 

BACP567, equipped with a Glock replacement slide cover plate intended for use as a machinegun 

conversion device, during and in relation to, and did possess said firearms in furtherance of, a drug 

trafficking crime that may be prosecuted in a court of the United States, that is, Possession with 

Intent to Distribute Marijuana, in violation of 18 U.S.C. § 924(c). 

NOTICE OF UNITED STATES OF AMERICA'S DEMAND FOR FORFEITURE 

[See Fed. R. Crim. P. 32.2] 

I. Firearms Violation and Forfeiture Statutes 

[18 U.S.C. § 922(o) and 924 (c), subject to forfeiture pursuant to 18 U.S.C. § 924(d)(1), 

made applicable to criminal forfeiture by 28 U.S.C. § 2461] 

As a result of the criminal violations set forth in Counts One and Three, the United States 

of America gives notice to Defendant TYRIN MALIK FOLEY of its intent to seek the forfeiture 

of the property described below upon conviction pursuant to FED. R. CRIM. P. 32.2 and 18 U.S.C. 

§ 924, as made applicable to criminal forfeiture by 28 U.S.C. § 2461. Section 924 states in pertinent 

part: 

Title 18 U.S.C. § 924. Penalties 

(d)(1) Any firearm or ammunition involved in or used in any knowing 

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Case 5:20-cr-00100-XR Document 3 Filed 02/19/20 Page 2 of 3
violation of subsection. . . of section 922,. . . or knowing violation of section 

924.. . shall be subject to seizure and forfeiture. . . under the provisions of 

this chapter. 

II. 

Unlicensed Firearm and Machine Gun Violations and Forfeiture Statutes 

[Title 26 U.S.C. § 5861(d), subject to forfeiture pursuant to Title 26 U.S.C. § 5872, made 

applicable to criminal forfeiture by Title 28 U.S.C. § 2461] 

As a result of the criminal violation set forth in Count Two, the United States of America 

gives notice to Defendant TYRIN MALK FOLEY of its intent to seek the forfeiture of the 

property described below upon conviction pursuant to FED. R. CRIM. P. 32.2 and 26 U.S.C. § 5872, 

as made applicable to criminal forfeiture by 28 U.S.C. § 2461. Section 5872 states in pertinent 

part: 

Title 26 U.S.C. § 5872. Forfeitures 

(a) Laws applicable- Any firearm involved in any violation of the 

provisions of this chapter shall be subject to seizure and forfeiture.. . and 

the persons to whom this chapter applies. 

This Notice of Demand for Forfeiture includes, but is not limited to, the following properties: 

1. New Frontier Armory LW-15 firearm, .300 caliber, serial number: NLV86306; 

2. Glock GMBH 17 handgun, 9mm caliber, serial number: BACP567; and 

3. Any and all firearms, ammunition, and/or accessories involved in or used in the 

commission of the criminal offenses. 

JOHN F. BASH 

UNITEESTTOIJ 

BY: 

1ATTHEW W. KJNSKEY -" 

Assistant United States Attorney 

rtasi*ni:ai 

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Case 5:20-cr-00100-XR Document 3 Filed 02/19/20 Page 3 of 3