USA v. Horsley

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
UNITED STATES OF AMERICA,
Plaintiff,
v.
JACK HORSLEY,
Defendant. Case No. 3:22-cr-00071-SLG-KFR
PRELIMINARY ORDER OF FORFEITURE
Pursuant 	to 	Federal 	Rule 	of 	Criminal 	Procedure 	32.2(b)(2), 	based 	on
defendant’s guilty plea and admission to forfeiture, the Court GRANTS the Motion for
Preliminary Order of Forfeiture (Docket 62), and finds as follows:
The following property constitutes proceeds, facilitating property, and any
firearms or ammunition involved in or used in knowing violation of offense of
conviction pursuant to 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 922(g)(1), and therefore
defendant’s interest, if any, in the following property is subject to forfeiture, pursuant
to 21 U.S.C. § 853, 18 U.S.C. § 924(d), and 28 U.S.C. § 2461(c), including without
limitation:
1. Approximately $18,634 in United States Currency;
2. Royal Sovereignty Money Counter, Model RBC100BK;
3. Norinco Rifle, Model: SKS, Caliber: 7.62x39, Serial #: 016902;
4. Hi-Point Pistol, Model: JHP, Caliber: .45, Serial #: X435548;
5. Ruger Pistol, Model: Mark I, Caliber: .22, Serial #: 182608;
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Case No. 3:22-cr-00071-SLG-KFR, USA v. Horsley
Preliminary Order of Forfeiture
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6. Winchester Shotgun, Model: 1912, Caliber: 12, Serial #: 212304;
7. Winchester Rifle, Model: 1917, Caliber: .30, Serial #: 75693;
8. Ruger Frame, Model: M77R, Caliber: 220 Swift, Serial #: 77-74538;
9. Parker-Hale LTD Rifle, Model: Unk, Caliber: .270, Serial #: R-86650;
10. 	Lames Shotgun, Model: Chaivari, Caliber: 12, Serial #: 2466;
11. 	Remington Shotgun, Model: 870, Caliber: 12, Serial #: V824339V; and
12. 	Any Associated magazines and Ammunition.
THEREFORE, IT IS HEREBY ORDERED, ADJUDGED and DECREED as
follows:
The above-listed property is hereby condemned and forfeited to the United
States of America pursuant to 21 U.S.C. § 853(a)(1) & (2), 18 U.S.C. § 924(d), and
28 U.S.C. § 2461(c), and defendant shall forthwith forfeit all right, title and interest, if
any, in the above-listed property.
Pursuant to Federal Rule of Criminal Procedure 32.2(b)(3), the U.S. Marshal
and/or the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is authorized
to seize and take possession of the aforementioned property and hold such in its
secure custody and control until further order of this Court, may conduct any
discovery the Court considers proper in identifying, locating, or disposing of said
property; and to commence proceedings that comply with any statutes governing
third-party rights.
Pursuant to 21 U.S.C. § 853(n), the United States Attorney’s Office shall
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Case No. 3:22-cr-00071-SLG-KFR, USA v. Horsley
Preliminary Order of Forfeiture
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publish notice of this Preliminary Order of Forfeiture and of the United States’ intent
to dispose of the property in such manner as the Attorney General may direct. The
notice 	shall 	be 	published 	on 	the 	official 	government 	forfeiture 	website,
www.forfeiture.gov, for at least 30 consecutive days. The notice shall state that any
person, other than the defendant, having or claiming a legal interest in the above-
listed forfeited property must file a petition with the Court within 60 days from the first
publication of notice or 30 days of receipt of actual notice, whichever is earlier.
The notice shall state that the petition shall be for a hearing to adjudicate the
validity of the petitioner’s alleged interest in the property, 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 property. The petition shall also set
forth any additional facts supporting the petitioner’s claim and the relief sought.
The United States may also, to the extent practicable, provide direct written
notice as substitute for published notice to any person known to have alleged an
interest in the property that is the subject of this Preliminary Order of Forfeiture. Upon
adjudication of all third-party interests, this Court shall enter a final order of forfeiture
in which all interests will be addressed.
DATED this 8th day of March 2024, at Anchorage, Alaska.
/s/ Sharon L. Gleason
UNITED STATES DISTRICT JUDGE
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