Opinion
CR 21-38-BLG-SPW-2
04-19-2023
FINAL ORDER OF FORFEITURE
SUSAN P. WATTERS, United States District Court Judge.
Whereas, in the indictment in the above-captioned case, the United States sought forfeiture, pursuant to 21 U.S.C. § 853, of any real or personal property of the defendant used or intended to be used to facilitate, or as proceeds of said violation;
And whereas, the defendant entered into a plea agreement wherein he agreed to plead guilty the indictment, which charged him with possession with intent to distribute methamphetamine;
And whereas, the defendant, pursuant to the plea agreement with the United States, agreed not to contest, or assist others in contesting, the forfeiture sought in the charging document to which the defendant pleaded guilty;
And whereas, by virtue of said guilty plea, the United States is entitled to possession of said property, pursuant to 21 U.S.C. §§ 841(a)(1) and 853, and Rule 32.2(b)(2) of the Federal Rules of Criminal Procedure;
And whereas, the United States published on an official government internet site (www.forfeiture.gov), notice of this forfeiture and of the United States' intent to dispose of the property listed below in accordance with federal law, under 21 U.S.C. § 853(n)(1):
• Springfield Armory, model XDM, .45 ACP caliber semi-automatic pistol SN: MG683402.
And whereas, the Court has been advised that no claims have been made in this case regarding the property and the United States is not aware that any such claims have been made;
ACCORDINGLY, IT IS ORDERED as follows:
1. The United States shall seize the forfeited property described above;
2. The right, title, and interest in the property is condemned, forfeited, and vested in the United States of America for disposition according to applicable law;
3. The United States is directed to return the property to its identified innocent owner, William Janovich.