Opinion
CR-2-14-015(2)
07-25-2014
UNITED STATES OF AMERICA, Plaintiff, v. DELMAR A. TUCKER, aka "Danjuma L. Marshall," Defendant.
PRELIMINARY ORDER OF FORFEITURE
WHEREAS, the Superseding Information (Doc. 59) filed in this action contained a forfeiture allegation (Forfeiture A) notifying Defendant Delmar A. Tucker, aka "Danjuma L. Marshall" ("Defendant Delmar A. Tucker") that the United States sought the forfeiture of specific property, pursuant to 18 U.S.C. §924(d)(1) and 21 U.S.C. §2461(c), based on the conduct of Defendant Delmar A. Tucker in Count One of the Superseding Information, in violation of 21 U.S.C. §§841(a)(1) and (b)(1)(C), which property is fully described below ("subject property"); and
WHEREAS, on July 15, 2014, Defendant Delmar A. Tucker entered a Plea of Guilty to Count One of the Superseding Information; and
WHEREAS, in the Plea Agreement (Doc. 60) entered on July 10, 2014, Defendant Delmar A. Tucker agreed to voluntarily surrender for forfeiture to the United States the following firearms and any ammunition as listed in Forfeiture A of the Superseding Information, to wit: a Sig Sauer, model P226, 9mm pistol; a Ruger, model P95DC, 9mm pistol; a Ruger, model SR9, 9mm pistol; and, a Bryco Arms, model Jennings Nine, 9mm pistol. Defendant Delmar A. Tucker gave up any ownership rights he may have in this property and further agreed not to contest the forfeiture, whether administrative, civil, or criminal of said firearms and any ammunition. Defendant Delmar A. Tucker waived any rights he may have to notice and an opportunity to be heard concerning the disposition of said property and agreed to forfeit all of his right, title, and interest in said firearms and any ammunition and agreed to give full assistance to the United States to resolve in its favor any claim by another to said subject property. Finally, Defendant Delmar A. Tucker waived any failure by the Court to fully comply with the requirements in Fed. R. Crim. P. 32.2(b)(4).
WHEREAS, by virtue of said Superseding Information, Guilty Plea, and Plea Agreement the Court has determined that the requisite nexus exists between the subject property and Count One of the Superseding Information, that the subject property is forfeitable pursuant to 18 U.S.C. §924(d)(l) and 21 U.S.C. §2461 (c), and that the United States is now entitled to possession of the subject property.
Accordingly, it is hereby ORDERED, ADJUDGED, AND DECREED:
1. That Defendant Delmar A. Tucker shall forfeit to the United States the subject property that is:
A Sig Sauer, Model P226, 9mm pistol, SN: UU612031, including any ammunition;
A Ruger, Model P95DC, 9mm pistol, SN: 312-44918, including any ammunition;
A Ruger, Model SR9, 9mm pistol, SN: 330-57110, including any ammunition; and,
A Bryco Arms, Model Jennings Nine, 9mm pistol, SN: 1489671, including any ammunition.
2. That the designated agent with the Bureau of Alcohol, Tobacco, Firearms, and Explosives shall immediately seize the subject property and hold same in his secure custody and control.
3. That the United States is authorized to conduct any discovery proper in identifying, locating or disposing of the subject property in accordance with Fed. R. Crim. P. 32.2(b)(3).
4. That the United States shall publish, in accordance with the provisions of 21 U.S.C. §853(n), notice of this Order and notice of its intent to dispose of the subject property in such manner as the Attorney General may direct.
5. The United States shall also provide written notice to any person who reasonably appears to be a potential claimant with standing to contest the forfeiture in the ancillary proceeding in accordance with Fed. R. Crim. P. 32.2(b)(6).
6. That pursuant to Fed. R. Crim. P. 32.2(b)(4), this Preliminary Order of Forfeiture shall become final as to Defendant Delmar A. Tucker at the time of sentencing and shall be made part of the sentence and 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).
7. That following the Court's disposition of all petitions filed pursuant to 21 U.S.C. §853(n), or, if no such petitions are filed, following the expiration of the period for the filing of such petitions, the United States shall have clear title to the subject property.
8. The Court shall retain jurisdiction to enforce this Order, and to amend it as necessary, pursuant to Fed. R. Crim. P. 32.2(e).
ORDERED this 25 day of July, 2014.
/s/_________
HONORABLE ALGENON L. MARBLEY
UNITED STATES DISTRICT COURT JUDGE