Opinion
24CR0044-JAH
08-08-2024
UNITED STATES OF AMERICA, Plaintiff, v. JOHN WINGATE, Defendant.
PRELIMINARY ORDER OF CRIMINAL FORFEITURE
JOHN A. HOUSTON, UNITED STATES DISTRICT JUDGE
WHEREAS, in the Indictment the United States sought forfeiture of all right, title, and interest in all firearms and ammunition of Defendant JOHN WINGATE (“Defendant”), pursuant to Title 18, United States Code, Section 924(d)(1) and Title 28, United States Code, Section 2461(c) as the firearms and ammunition involved in the commission of the offense set forth in Count 1 of the Indictment which alleges violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(8) as charged in Count 1 of the Indictment; and, WHEREAS, on or about March 14, 2024, Defendant pled guilty before Magistrate Judge Michael S. Berg to the offense set forth in Count 1 of the Indictment, charging the defendant wi th felon in possession of a firearm in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(8), consented to the forfeiture allegations of the Indictment, and agreed pursuant to Title 18, United States Code, Section 924(d)(1) and Title 28, United States Code, Section 2461(c), to forfeit all firearms and ammunition seized in connection with this case including but not limited to the following:
a. One (1) .22 caliber Smith and Wesson semi-automatic firearm bearing serial number JAU9781; and
b. One (1) 9mm Taurus PT-111 semi-automatic firearm bearing serial number TKR50618; and
c. One (1) 9mm SCCY CPX-2 semi-automatic firearm bearing serial number 424461; and
d. approximately Sixteen (16) Rounds of .22 Caliber Ammunition; and
WHEREAS, on, April 02, 2024, this Court accepted the guilty plea of Defendant; and
WHEREAS, by virtue of the facts set forth in the plea agreement and forfeiture addendum, the Court finds that the United States has established the requisite nexus between the forfeited firearm and ammunition and the offense; and, WHEREAS, by virtue of said guilty plea, the United States is now entitled to possession of the above-referenced firearm and ammunition, pursuant to Title 18, United States Code, Section 924(d)(1), Title 28, United States Code, Section 2461(c), and Rule 32.2(b) of the Federal Rules of Criminal Procedure; and, WHEREAS, pursuant to Rule 32.2(b), the United States having requested the authority to take custody of the above-referenced firearms and ammunition which are hereby found forfeitable by the Court; and
WHEREAS, the United States, having submitted the Order herein to the Defendant through his attorney of record, to review, and no objections having been received;
Accordingly, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:
1. Based upon the guilty plea of the Defendant to Count 1 of the Indictment, the United States is hereby authorized to take custody and control of the following firearms and ammunition, and all right, title and interest of Defendant JOHN WINGATE in the firearms and ammunition are hereby forfeited to the United States pursuant to Title 18, U.S.C. § 924(d)(1) and Title 28, United States Code, Section 2461(c) for disposition in accordance with the law, subject to the provisions of 21 U.S.C. § 853(n):
a. One (1) .22 caliber Smith and Wesson semi-automatic firearm bearing serial number JAU9781; and
b. One (1) 9mm Taurus PT-111 semi-automatic firearm bearing serial number TKR50618; and
c. One (1) 9mm SCCY CPX-2 semi-automatic firearm bearing serial number 424461; and
d. approximately Sixteen (16) Rounds of .22 Caliber Ammunition.
2. The aforementioned forfeited assets are to be held by Homeland Security Investigations in its secure custody and control.
3. Pursuant to Rule 32.2(b) and (c), the United States is hereby authorized to begin proceedings consistent with any statutory requirements pertaining to ancillary hearings and rights of third parties. The Court shall conduct ancillary proceedings as the Court deems appropriate only upon the receipt of timely third-party petitions filed with the Court and served upon the United States. The Court may determine any petition without the need for further hearings upon the receipt of the Government's response to any petition. The Court may enter an amended order without further notice to the parties.
4. Pursuant to the Attorney General's authority under Section 853(n)(1) of Title 21, United States Code, Rule 32.2(b)(6), Fed. R. Crim. P., and Rule G(4) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, the United States forthwith shall publish for thirty (30) consecutive days on the Government's forfeiture website, www.forfeiture.gov, notice of this Order, notice of the United States' intent to dispose of the firearms and ammunition in such manner as the Attorney General may direct, and notice that any person, other than the Defendant, having or claiming a legal interest in the above-listed forfeited firearms and ammunition must file a petition with the Court within thirty (30) days of the final publication of notice or of receipt of actual notice, whichever is earlier.
5. This notice shall state that the petition shall be for a hearing to adjudicate the validity of the petitioner's alleged interest in the firearms and ammunition, shall be signed by the petitioner under penalty of perjury, and shall set forth the nature and extent of the petitioner's right, title, or interest in the forfeited firearms and ammunition and any additional facts supporting the petitioner's claim and the relief sought.
6. The United States shall also, to the extent practicable, provide direct written notice to any person known to have alleged an interest in the firearms and ammunition that arc the subject of the Preliminary Order of Criminal Forfeiture, as a substitute for published notice as to those persons so notified.
7. Upon adjudication of all third-party interests, this Court will enter an Amended Order of Forfeiture pursuant to Title 21 U.S.C. § 853(n) as to the aforementioned assets, in which all interests will be addressed.
8. Pursuant to Rule 32.2(b)(4), this Order of Forfeiture shall be made final as to the Defendant at the time of sentencing and is part of the sentence and included in the judgement.