IN THE UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

UNITED STATES OF AMERICA * 

 * CRIMINAL NO. 08-00042-CG 

v. *

 * 

OSHEA MONTRELL ODOM * 

 

PRELIMINARY ORDER OF FORFEITURE

WHEREAS, in the Indictment in the above-entitled case, the United States sought

forfeiture of property which represented drug proceeds, and/or property used to facilitate drug

transactions of defendant Oshea Montrell Odom, pursuant to Title 21, United States Code,

Section 853;

AND WHEREAS, based upon the guilty plea entered on March 24, 2008, and the plea

agreement entered into between the United States and defendant Oshea Montrell Odom, and for

the reasons stated, it is hereby

ORDERED, ADJUDGED AND DECREED, that pursuant to Title 21, United States

Code, Sections 841(a)(1) and 853, and Federal Rule of Criminal Procedure 32.2(b), the interests

of defendant Oshea Montrell Odom is hereby condemned and forfeited to the United States for

disposition according to law in the property identified as follows:

(1) One diamond and white gold cross necklace with chain seized from the defendant on

December 28, 2007;

(2) One Bracelet with diamonds and yellow and green stones seized from the defendant

on December 28, 2007.

AND WHEREAS, by virtue of said guilty plea and plea agreement, the United States is

now entitled to, and it should, pending possible appeal herein, reduce the said property to its

possession and notify any and all potential third parties who have or may have an interest in the

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forfeited property, pursuant to Title 21, United States Code, Section 853 and Rule 32.2(b) of the

Federal Rules of Criminal Procedure.

NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED:

That based on the Plea agreement, the factual resume, the guilty plea, and Fed.R.Crim.P

32.2(b)(3), and pursuant to the defendant’s consent, all right, title and interest of defendant

Oshea Montrell Odom in the above-described property is hereby forfeited to and vested in the

United States of America for disposition in accordance with law, subject to the provisions of

Title 21, United States Code, Section 853(n).

That the aforementioned property is authorized to be held by the United States Marshals

Service in their secure custody and control.

That pursuant to Title 21, United States Code, Section 853(n)(1), the United States

Marshal forthwith shall publish at least once a week for three consecutive weeks in a newspaper

of general circulation, notice of this Order, notice of the Marshals intent to dispose of the

property in a manner as the Attorney General may direct, and notice that any person, other than

the defendant, having or claiming a legal interest in any of the above-described forfeited

property must file a petition with the Court within thirty (30) days of the final publication of

notice or of their receipt of actual notice, whichever is earlier.

This notice shall state that the petition shall be for a hearing to adjudicate the validity of

the petitioner’s alleged interest in the property, shall be signed by the petitioner under penalty of

perjury, and shall set forth the nature and extent of the petitioner’s right, title or interest in the

forfeited property and 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 known to have alleged an interest in the property that is the subject of the Order of

Forfeiture, as a substitute for published notice as to those persons so notified.

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After the disposition of any motion filed under Fed. R. Crim. P. 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 showing that such discovery is necessary or desirable to resolve factual

issues.

The United States shall have clear title to the property following the Court’s disposition

of all third-party interests, or, if none, following the expiration of the period provided in Title 21,

United States Code, Section 853(n)(2) for the filing of third-party petitions.

Pursuant to Fed. R. Crim. P. 32.2(b)(3), and the plea agreement signed by the parties, this

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

and shall be made part of the sentence included in the judgment. If no third party files a timely

claim, this Order shall become the Final Order of Forfeiture, as provided by Fed. R. Crim. P.

32.2(c)(2).

The Court shall retain jurisdiction to enforce this Order, and to amend it as necessary,

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

The Clerk of the Court shall forward three (3) certified copies of this Order to Assistant

U.S. Attorney George F. May, U.S. Attorney’s Office, Southern District of Alabama.

DATED this 11th day of July, 2008.

/s/ Callie V. S. Granade 

CHIEF UNITED STATES DISTRICT JUDGE

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