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United States v. Charon

United States District Court, District of Montana
Apr 4, 2023
CR 22-28-BU-DLC (D. Mont. Apr. 4, 2023)

Opinion

CR 22-28-BU-DLC

04-04-2023

UNITED STATES OF AMERICA, Plaintiff, v. JAMEY WAYNE CHARON, JR., Defendant.


ORDER

Dana L. Christensen, District Judge United States District Court

Before the Court is the United States of America's Unopposed Motion for Preliminary Order of Forfeiture. (Doc. 27.) Defendant Jamey Wayne Charon, Jr. has been adjudged guilty of one count of possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2, and one count of prohibited person in possession of firearms and ammunition, in violation of 18 U.S.C. § 922(g)(1), as charged in Counts I and IV of the Indictment. (Doc. 29.) As such, there is a factual basis and cause to issue an order of forfeiture, pursuant to 18 U.S.C. § 924(d).

Accordingly, IT IS ORDERED that the motion (Doc. 27) is GRANTED:

IT IS FURTHER ORDERED that Charon's interest in the following property is forfeited to the United States in accordance with 18 U.S.C. § 924(d):

• Smith & Wesson M&P 40, .40 Cal. pistol, SN NCV1813.

IT IS FURTHER ORDERED that the United States Marshals Service, the Federal Bureau of Investigation, and/or a designated sub-custodian, is directed to seize the property subject to forfeiture and further to make a return as provided by law;

IT IS FURTHER ORDERED that the United States will provide written notice to all third parties asserting a legal interest in any of the above-described property and will post on an official government internet site (www.forfeiture.gov) for at least 30 consecutive days as required by Rule G(4)(a)(iv)(C) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, of the Court's Preliminary Order and the United States' intent to dispose of the property in such manner as the Attorney General may direct, pursuant to 18 U.S.C. § 924(d) and 21 U.S.C. § 853(n)(1), and to make its return to this Court that such action has been completed; and

IT IS FURTHER ORDERED that upon adjudication of all third-party interests, if any, the Court will enter a final order of forfeiture, pursuant to 21 U.S.C. § 853(n)(7) and Fed. R. Crim. P. 32.2(c)(2), in which all interests will be addressed.


Summaries of

United States v. Charon

United States District Court, District of Montana
Apr 4, 2023
CR 22-28-BU-DLC (D. Mont. Apr. 4, 2023)
Case details for

United States v. Charon

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. JAMEY WAYNE CHARON, JR., Defendant.

Court:United States District Court, District of Montana

Date published: Apr 4, 2023

Citations

CR 22-28-BU-DLC (D. Mont. Apr. 4, 2023)