IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF OHIO 

WESTERN DIVISION

UNITED STATES OF AMERICA, : Case No. 3:18CR041 

 Plaintiff, : Judge Thomas M. Rose 

 v. : 

JOSHUA KIRTLEY, : 

 Defendant. : 

PRELIMINARY ORDER OF FORFEITURE OF PROPERTY 

 Upon the Motion of the United States for a Preliminary Order of Forfeiture, and the 

Court’s review of the evidence in the record, including the Plea Agreement, the Court HEREBY 

FINDS THAT: 

 1. The Defendant pled guilty to Count One of the Indictment charging him with 

conspiracy to distribute 50 grams or more of methamphetamine, a Schedule II controlled 

substance, in violation of 21 U.S.C. §§ 846 and 841(b)(1)(B), and agreed to the immediate 

forfeiture pursuant to 21 U.S.C. §§ 853(a)(1) and (2) of the following property (hereinafter 

“Subject Property”): Harrington & Richardson 12 gauge shotgun, with obliterated serial number 

and 12 rounds of 12 gauge ammunition. 

 2. The Defendant specifically agreed that the Subject Property was subject to 

forfeiture pursuant to 21 U.S.C. §§ 853(a)(1) and (2). 

 3. The Defendant has an interest in the Subject Property. 

 4. The Subject Property is forfeitable pursuant to 21 U.S.C. §§ 853(a)(1) and (2) as 

any property constituting, or derived from, any proceeds obtained, directly or indirectly and any 
2 

property used, or intended to be used, in any manner or part, to commit, or to facilitate the 

commission of the violation charged in Count One of the Indictment. 

 5. The United States has established the requisite nexus between the Subject 

Property and the Defendant’s offense. 

 THEREFORE, IT IS HEREBY ORDERED THAT: 

 6. The Defendant shall hereby forfeit pursuant to 21 U.S.C. §§ 853(a)(1) and (2) any 

property constituting or derived from, any proceeds obtained, directly or indirectly and any 

property used, or intended to be used, in any manner or part, to commit or to facilitate the 

commission of the violation charged in Count One of the Indictment. 

 7. Pursuant to 21 U.S.C. §§ 853(a)(1) and (2) the following Subject Property is 

hereby forfeited: Harrington & Richardson 12 gauge shotgun, with obliterated serial number and 

12 rounds of 12 gauge ammunition. 

 8. The Defendant having agreed to the immediate forfeiture of the Subject Property, 

this Preliminary Order of Forfeiture is final as to the Defendant. This order remains preliminary 

as to third parties until the ancillary proceeding is concluded. 

 9. The United States is authorized to seize the Subject Property, whether held by the 

defendant or a third party; conduct any discovery proper in identifying, locating or disposing of 

the property subject to forfeiture; and to commence proceedings that comply with any statutes 

and federal rules governing third party rights, in accordance with Fed. R. Crim. P. 32.2(b)(3). 

10. In accordance with the direction provided by the Attorney General and Federal 

Rule of Criminal Procedure 32.2(b)(6), the United States shall publish notice of this Preliminary 

Order of Forfeiture and send notice to any person who reasonably appears to be a potential 

claimant with standing to contest the forfeiture in the ancillary proceeding. Publication must 
3 

take place as described in Supplemental Rule G(4)(a)(iii) of the Federal Rules of Civil 

Procedure, and may be by any means described in Supplemental Rule G(4)(a)(iv). Publication is 

unnecessary if any exception in Supplemental Rule G(4)(a)(i) applies. 

11. The notice must describe the forfeited property, state the times under the 

applicable statute when a petition contesting the forfeiture must be filed, and state the name and 

contact information for the Assistant United States Attorney to be served with the petition. The 

notice may be sent in accordance with Supplemental Rules G(4)(b)(iii)-(v) of the Federal Rules 

of Civil Procedure. 

12. Any person, other than the Defendant, filing a petition to contest the forfeiture of 

specific property, must sign the petition under penalty of perjury and shall set forth the nature 

and extent of the petitioner's right, title, or interest in the property, the time and circumstances of 

the petitioner’s acquisition of the right, title, or interest in the property, any additional facts 

supporting the petitioner’s claim, and the relief sought. 

13. If a third party files a petition asserting an interest in the specific property, the 

court will conduct an ancillary proceeding. 

 14. When the ancillary proceeding ends, the court will enter a final order of forfeiture by 

amending the preliminary order as necessary to account for any third-party rights. If no third party 

files a timely petition, this Preliminary Order of Forfeiture will become the Final Order of Forfeiture. 

15. The United States shall have clear title to the specific property following the 

court’s disposition of all third party interests, or if no third party petitions are timely filed, 

following the expiration of the period provided by statute for the filing of third party petitions. 
4 

16. The Court shall retain jurisdiction to enforce this order; and to amend it as 

necessary, pursuant to Fed. R. Crim P. 32.2(e). 

Dated: August 22, 2018 

 

SO ORDERED: 

*s/Thomas M. Rose 

 ____________________________________ 

THOMAS M. ROSE 

UNITED STATES DISTRICT COURT JUDGE