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).

SO ORDERED:

Dated: 2-47 -\ 2.

Lor

WALTER H. RICE
UNITED STATES DISTRICT JUDGE

Page 4 of 4


UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

UNITED STATES OF AMERICA : Case No. 3:17CR186
Plaintiff, 3 Judge Walter H. Rice
Vv.
JOHN ARNOLD
Defendant.

PRELIMINARY ORDER OF FORFEITURE
OF PROPERTY AS TO DEFENDANT JOHN ARNOLD

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 (Doc. 17), the Court HEREBY
FINDS THAT:

1. The Defendant pled guilty to Count One of the Indictment charging him with Felon
in Possession of a Firearm, in violation of 18 U.S.C. § 922(g)(1).

2. The Defendant agreed that he possessed the following specific property to-wit:
9mm Ruger, SN: 860-58021 (hereinafter “Subject Property”) in violation of 18 U.S.C. § 922(g)(1)
and the Subject Property is therefore subject to forfeiture pursuant to 18 U.S.C. § 924(d)(1) and
28 U.S.C. § 2461(c).

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

4, The Subject Property is forfeitable pursuant to 18 U.S.C. § 924(d)(1) and
28 U.S.C. § 2461(c) as a firearm or ammunition involved in the Defendant’s offense in Count One.

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 18 U.S.C. § 924(d)(1) and
28 U.S.C. § 2461(c), any firearm or ammunition involved in or used in the Defendant’s offense in
Count One.

Ts Pursuant to 18 U.S.C. § 924(d)(1) and 28 U.S.C. § 2461(c), the following Subject
Property is hereby forfeited: 9mm Ruger, SN: 860-58021.

8. The Defendant having agreed to the forfeiture of the Subject Property, this
Preliminary Order of Forfeiture shall be made part of the sentence and included in the Judgment
and shall be final as to the Defendant at sentencing.

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 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.

Page 2 of 4


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; Ifa third party files a petition asserting and interest in the Subject 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 Subject 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.

Page 3 of 4