1 “[#224]” is an example of the convention I use to identify the docket number assigned to a

specific paper by the court’s electronic case filing and management system (CM/ECF). I use this

convention throughout this order.

1

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Judge Robert E. Blackburn

Criminal Case No. 11-cr-00422-REB

UNITED STATES OF AMERICA,

Plaintiff,

v.

4. RICHARD CROSSE,

Defendant.

______________________________________________________________________

PRELIMINARY ORDER OF FORFEITURE 

______________________________________________________________________

Blackburn, J.

The matter is before me on the United States= Motion for Preliminary Order of

Forfeiture [#224]1

 filed March 14, 2013, pursuant to Rule 32.2 of the Federal Rules of

Criminal Procedure. The Court having read said Motion and being fully advised in the

premises finds:

On October 9, 2012, the United States and defendant Richard Crosse entered

into a Plea Agreement, which provides a factual basis and cause to issue a forfeiture

order under 21 U.S.C. § 853 and Rule 32.2 of the Federal Rules of Criminal Procedure. 

(Doc. 160).

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THAT there is the requisite nexus between the crime of defendant Richard

Crosse and the property identified as: miscellaneous marijuana grow equipment seized

on June 10, 2011, from 3885 Forest Street, Denver, Colorado; and miscellaneous

marijuana grow equipment seized on October 13, 2011, from 3885 Forest Street,

Denver, Colorado.

THAT prior to the disposition of the assets, the United States, or its designated

sub-custodian, is required to seize the forfeited property and provide notice to any third

parties pursuant to 21 U.S.C. ' 853(n).

THEREFORE, IT IS ORDERED, DECREED AND ADJUDGED:

1. That the United States= Motion for Preliminary Order of Forfeiture [#224]

filed March 14, 2013, is GRANTED;

2. That the defendant’s interest in the following is forfeited to the United States in

accordance with 21 U.S.C. § 853:

a. miscellaneous marijuana grow equipment seized on June 10, 2011, from

3885 Forest Street, Denver, Colorado; and

b. miscellaneous marijuana grow equipment seized on October 13, 2011, from

3885 Forest Street, Denver, Colorado;

3. That pursuant to Federal Rule of Criminal Procedure 32.2(b)(4), this

Preliminary Order of Forfeiture shall become final as to the defendant at the time of

sentencing and shall be made part of the sentence and included in the judgment;

4. That the United States or the designated sub-custodian is directed to seize

the property subject to forfeiture, and further to make its return as provided by law;

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5. That the United States shall publish notice of this Preliminary Order of

Forfeiture in accordance with 21 U.S.C. § 853(n) via a government website for at least

thirty consecutive days, and to make its return to this Court that such action has been

completed;

6. That on adjudication of all third-party interests, if any, the Court will enter a

Final Order of Forfeiture pursuant to 21 U.S.C. § 853 and Rule 32.2(c)(2) of the Federal

Rules of Criminal Procedure, in which all interests will be addressed;

7. That the court shall retain jurisdiction to enforce this Order and adjudicate the

interests of all third-parties in ancillary proceedings. FED. R. CRIM. P. 32.2(e)(1); and

8. That this Preliminary Order of Forfeiture may be amended pursuant to Rule

32.2(e)(1) of the Federal Rules of Criminal Procedure.

Dated March 14, 2013, at Denver, Colorado.

BY THE COURT:

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