USA v. Amundson et al

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
SILAPHET DAOHEUANG,
a/k/a “Steve,”
Defendant.
CR 21-40139
PRELIMINARY ORDER
OF FORFEITURE
Upon motion of the Plaintiff for a preliminary order of forfeiture, the Court
finds:
1. 	As the result of the guilty plea to Counts 1 and 2 of the Indictment
for which the United States seeks forfeiture pursuant to 18 U.S.C. § 924(d) and
28 U.S.C. § 2461(c), the Defendant shall forfeit to the United States a Glock
GmbH, model 17 Gen 3, 9x19 Luger caliber, fully automatic pistol, bearing serial
number TNG230 and 21 rounds of assorted manufactured ammunition.
2. 	The 	Court 	has 	determined, 	based 	on 	the 	Defendant’s 	Plea
Agreement and Statement of Factual Basis, that he has an interest in the above
property, that the property is subject to forfeiture pursuant to 18 U.S.C. § 924(d)
and 28 U.S.C. § 2461(c), and that the United States has established the requisite
nexus between such property and such offenses, and that the above property is
property that was used or intended to be used to commit the offense described
in the Indictment to which the Defendant has pled guilty.
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NOW THEREFORE, IT IS HEREBY ORDERED
1. 	Upon the entry of this order, the United States is authorized to seize
the above property for forfeiture, whether held by the Defendant or by a third
party, and to conduct any discovery proper in identifying, locating or disposing
of 	the 	property 	subject 	to 	forfeiture, 	in 	accordance 	with 	Fed. 	R. 	Crim. 	P.
32.2(b)(3).
2. 	Upon the entry of this order, and pursuant to Rule 32.2(b)(6) of the
Federal Rules of Criminal Procedure and Rule G(4)(a)(iv)(C) of the Supplemental
Rules 	for 	Admiralty 	and 	Maritime 	Cases, 	the 	United 	States 	shall 	post 	to
www.forfeiture.gov, for a period of thirty consecutive days, notice of this order,
notice of the United States= intent to dispose of the property according to law,
and notice that any other person, other than the Defendant, having or claiming
a legal interest in any of the above-listed forfeited property must file a petition
with this court within thirty days of the final publication of notice, or receipt of
actual notice whichever is earlier.
3. 	Further, 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, and any additional facts supporting the Petitioner=s claim, and the
relief sought.
4. 	The United States may also, to the extent practicable, provide direct
written notice to any person known to have alleged an interest in the property
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that is identified, above, as a substitute for published notice as to those persons
so notified.
5. 	Pursuant to Fed. R. Crim. P. 32.2(c)(2), if no third party files a timely
petition, this preliminary order becomes the final order of forfeiture.
Date:
BY THE COURT:
__________________________________
KAREN E. SCHREIER
UNITED STATES DISTRICT JUDGE
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