Opinion
CR 20-47-BLG-S
06-03-2021
UNITED STATES OF AMERICA, Plaintiff, v. CHAD HENRY SWOBODA,, Defendant.
PRELIMINARY ORDER OF FORFEITURE
SUSAN P. WATTERS UNITED STATES DISTRICT COURT JUDGE
WHEREAS, in the indictment in the above case, the Unite forfeiture of any property of the above-captioned person, pursua § 924(d), as property used or intended to be used to facilitate the in the indictment, or as proceeds of said violation;
And whereas, on March 25, 2021, the defendant entered a the superseding indictment, which charged him with prohibited person in possession of a firearm and false statement during a firearms transaction;
And whereas, the indictment contained a forfeiture allegation that stated that as a result of the offenses charged in the indictment, the defendant shall forfeit the following property:
• Marlin, model 1985, .45-70 caliber lever action rifle, (S/N: B009881)
And whereas, by virtue of said guilty plea, the United Sta1 to possession of the property, pursuant tol8 U.S.C. § 924(d), anc Federal Rules of Criminal Procedure.
ACCORDINGLY, IT IS ORDERED:
1. That based upon the plea of guilty by the defendant tc the United States is authorized and ordered to seize the property This property is forfeited to the United States for disposition in z the law, subject to the provisions of 18 U.S.C. § 924(d).
2. That the aforementioned forfeited property is to be he States in its secure custody and control.
3. That, pursuant to 21 U.S.C. § 853(n)(1), the United Si shall publish at least once for three successive weeks in a suitabl circulation notice of this order, notice of the United States' inten property in such manner as the Attorney General may direct, anc petitioner under penalty of perjury, and shall set forth the nature and extent of the petitioner's right, title, or interest in the forfeited property and any additional facts supporting the petitioner's claim and the relief sought.
The United States may also, to the extent practical, provide direct written notice to any person known to have alleged an interest in the property that is the subject of the preliminary order of forfeiture, as a substitute for published notice as to those persons so notified.
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.