Opinion
CR 23-24-BLG-SPW
12-01-2023
UNITED STATES OF AMERICA, Plaintiff, v. KYLE DAVID EVENSON, Defendant.
PRELIMINARY ORDER OF FORFEITURE
SUSAN P. WATTERS UNITED STATES DISTRICT COURT JUDGE
WHEREAS, in the indictment in the above case, the United States sought forfeiture of any property of the above-captioned person, pursuant to 18 U.S.C. § 924(d), as property used or intended to be used to facilitate the violation alleged in the indictment, or as proceeds of said violation;
And whereas, on August 23, 2023, the defendant entered a plea of guilty to Count 2 the indictment, which charged him with receipt of a firearm while under indictment, in violation of 18 U.S.C. § 922(n);
And whereas, the indictment contained a forfeiture allegation that stated that as a result of the offense charged in the indictment, the defendant shall forfeit the following property:
• Stoeger, model STR-9, 9mm semi-automatic pistol (SN: T6429-18R00402);
• 13 Rounds of Ammunition.
And whereas, by virtue of said guilty pleas, the United States is now entitled to possession of the property, pursuant to 18 U.S.C. § 924(d), and Rule 32.2(b)(2), Federal Rules of Criminal Procedure.
ACCORDINGLY, IT IS ORDERED:
1. That based upon the plea of guilty by the defendant to the indictment, the United States is authorized and ordered to seize the property described above. This property is forfeited to the United States for disposition in accordance with the law, subject to the provisions of 18 U.S.C. § 924(d).
2. That the aforementioned forfeited property is to be held by the United States in its secure custody and control.
3. That the United States will provide written notice to all third parties asserting a legal interest in any of the above-described personal 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. §§ 981, 2428 and 2253(a)(1), and to make its return to this Court that such action has been completed; and
4. That upon adjudication of all third-party interests, this Court will enter a final order of forfeiture, pursuant to 21 U.S.C. § 853(n), in which all interests will be addressed.