United States v. Tyler

Full title: UNITED STATES OF AMERICA v. JULIAN MANUEL TYLER

Court: UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

Date published: Sep 12, 2011

CASE NO. 8:11-cr-99-T-30TGW (M.D. Fla. Sep. 12, 2011)

Opinion

CASE NO. 8:11-cr-99-T-30TGW

09-12-2011

UNITED STATES OF AMERICA v. JULIAN MANUEL TYLER

JAMES S. MOODY

PRELIMINARY ORDER OF FORFEITURE

Julian Manuel Tyler pleaded guilty and was adjudicated guilty of being a convicted felon in possession of the firearm and ammunition described below, in violation of 18 U.S.C. §§ 922(g) and 924(a):

a. Universal Firearms Corp. Enforcer, 3000 Series, .30 S caliber pistol; and
b. 17 rounds Remington .30 caliber ammunition.

The United States has established the requisite nexus between the crime of conviction and this firearm and ammunition:

The United States moves, via the United States' Motion for a Preliminary Order of Forfeiture (Dkt. #31), pursuant to 18 U.S.C. § 924(d)(1), 28 U.S.C. § 2461(c), and Federal Rule of Criminal Procedure 32.2(b)(2), for a Preliminary Order of Forfeiture for these assets, which upon entry shall be a final order as to Julian Manuel Tyler.

The United States' motion (Dkt. #31) is GRANTED. Pursuant to 18 U.S.C. § 924(d)(1), 28 U.S.C. § 2461(c), and Federal Rule of Criminal Procedure 32.2(b)(2), all of the defendant's right, title, and interest in the firearm and ammunition is forfeited to the United States of America for disposition according to law, subject to the provisions of 21 U.S.C. § 853, as incorporated by 28 U.S.C. § 2461(c).

The Court retains jurisdiction to entertain any third party claim that may be asserted in an ancillary proceeding and to enter any order necessary for the forfeiture and disposition of the firearm and ammunition.

DONE and ORDERED in Tampa, Florida on September 12, 2011.

JAMES S. MOODY , JR.

UNITED STATES DISTRICT JUDGE

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