USA v. Wheeler

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
UNITED STATES OF AMERICA,
Plaintiff,
v.
EDWARD CANBY NED WHEELER,
Defendant.
Case No. 3:22-cr-00028-SLG
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 32), and finds as follows:
The following property constitutes any firearm or ammunition involved in or
used in defendant’s knowing violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2), and
therefore defendant’s interest, if any, in the following property is subject to
forfeiture, pursuant to 18 U.S.C. § 924(d) and 28 U.S.C. § 2461(c), including
without limitation:
one (1) Ruger model SP101, .357 caliber revolver, serial number 576-
01835 and associated 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 18 U.S.C. § 924(d) and 28 U.S.C. § 2461(c), and
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Preliminary Order of Forfeiture
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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 Federal Bureau of Investigation (FBI) 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
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
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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 5th day of December, 2022, at Anchorage, Alaska.
/s/ Sharon L. Gleason
UNITED STATES DISTRICT JUDGE
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