Opinion
2:18-CR-383-APG-EJY
01-11-2022
UNITED STATES OF AMERICA, Plaintiff, v. ARLANDELL MOORE,
FINAL ORDER OF FORFEITURE
ANDREW P. GORDON UNITED STATES DISTRICT JUDGE
The United States District Court for the District of Nevada entered a Preliminary Order of Forfeiture pursuant to Fed. R. Crim. P. 32.2(b)(1) and (b)(2) and 18 U.S.C. § 924(d)(1) with 28 U.S.C. § 2461(c) based upon the plea of guilty by Arlandell Moore to the criminal offense, forfeiting the property set forth in the Stipulation to Modify the Plea Agreement and the Forfeiture Allegation of the Superseding Criminal Information and shown by the United States to have the requisite nexus to the offense to which Arlandell Moore pled guilty. Superseding Criminal Information, ECF No. 50; Arraignment and Plea ECF No. 52; Preliminary Order of Forfeiture, ECF No. 62; Stipulation to Modify the Plea Agreement, ECF No. 63.
This Court finds that on the government's motion, the Court may at any time enter an order of forfeiture or amend an existing order of forfeiture to include subsequently located property or substitute property pursuant to Fed. R. Crim. P. 32.2(e) and 32.2(b)(2)(C).
This Court finds the United States published the notice of forfeiture in accordance with the law via the official government internet forfeiture site, www.forfeiture.gov, consecutively from October 19, 2021, through November 17, 2021, notifying all potential third parties of their right to petition the Court. Notice of Filing Proof of Publication Exhibits, ECF No. 72-1, p. 5.
This Court finds the United States notified known third parties by personal service or by regular mail and certified mail return receipt requested of their right to petition the Court. Notice of Filing Service of Process - Personal Service, ECF No. 70; Notice of Filing Service of Process - Mailing, ECF No. 71.
On October 6, 2021, the Task Force Officer for the Bureau of Alcohol, Tobacco, Firearms, and Explosives personally served the 2nd Amendment Gun Shop with copies of the Preliminary Order of Forfeiture and the Notice. Notice of Filing Service of Process - Personal Service, ECF No. 70-1.
On October 5, 2021, the United States Attorney's Office served the 2nd Amendment Gun Shop with copies of the Preliminary Order of Forfeiture and the Notice through regular mail and certified mail return receipt requested. Notice of Filing Service of Process - Mailing, ECF No. 71-1.
This Court finds no petition was filed herein by or on behalf of any person or entity and the time for filing such petitions and claims has expired.
This Court finds no petitions are pending regarding the property named herein and the time has expired for presenting such petitions.
THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that all possessory rights, ownership rights, and all rights, titles, and interests in the property hereinafter described are condemned, forfeited, and vested in the United States pursuant to Fed. R. Crim. P. 32.2(b)(4)(A) and (b)(4)(B); Fed. R. Crim. P. 32.2(c)(2); 18 U.S.C. § 924(d)(1) with 28 U.S.C. § 2461(c); and 21 U.S.C. § 853(n)(7) and shall be disposed of according to law:
1. A Glock 19 9-millimeter semi-automatic handgun, bearing serial number BCHX 843; and
2. any and all compatible ammunition(all of which constitutes property).
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the property shall be disposed of according to law.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Clerk send copies of this Order to all counsel of record.