UNITED STATES OF AMERICA v. LOCKHART

4:25-cr-00006Gamd23 oct. 2025

Texte intégral

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
:
UNITED STATES OF AMERICA 	:
:
v. 	: 	CASE NO. 4:25-CR-06 (CDL)
:
BRODERICK LOCKHART 	:
:
Defendant 	:
:
PRELIMINARY ORDER OF FORFEITURE
WHEREAS, 	on 	September 	16, 	2025, 	Defendant 	BRODERICK 	LOCKHART
(hereinafter “Lockhart” or “Defendant”), pled guilty to Count One of the Indictment
charging him with Possession of a Firearm by a Convicted Felon, in violation of Title 18,
United States Code, Sections 922(g)(1) and 924(a)(8);
AND WHEREAS, the Indictment contained a detailed Forfeiture Notice, pursuant
to which the United States sought forfeiture under Title 18, United States Code, Section
924(d)(1), in conjunction with Title 28, United States Code, Section 2461(c), any firearms
and ammunition involved in the commission of the offense(s), including, but not limited
to the following: one (1) Glock, Model: 26, 9mm pistol, Serial Number: BPTZ351
(hereinafter referred to as the “subject property”);
AND WHEREAS, the Court has determined, based on the evidence already in the
record, that (1) Defendant has an ownership interest in the subject property; (2) that the
property is subject to forfeiture pursuant to 18 U.S.C. § 924(d)(1), in conjunction with 28
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U.S.C. § 2461(c); and (3) that the United States has established the requisite nexus between
the aforesaid offense(s) and the subject property;
NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED
THAT:
1. 	Pursuant to 18 U.S.C. § 924(d)(1), 28 U.S.C. § 2461(c), 18 U.S.C. § 3554, and
Rule 32.2(b), Federal Rules of Criminal Procedure, the Court finds by the preponderance
of the evidence that the United States has demonstrated the required nexus between the
subject property and the offense of conviction and the subject property is hereby forfeited
to the United States.
2. 	Upon the entry of this Order, in accordance with F ED. R. C RIM . P. 32.2(b)(3),
the Attorney General (or a designee) is authorized to seize the subject property, and to
conduct any discovery that may assist in identifying, locating or disposing of the subject
property, and to commence any applicable proceeding to comply with statutes governing
third-party rights, including giving notice of this Order.
3. 	The United States shall publish notice of the Order and its intent to dispose
of the subject property in such a manner as the United States Attorney General (or his
designee) may direct. The United States may also, to the extent practicable, provide
written notice to any person known to have an alleged interest in the subject property.
4. 	Any person, other than the above-named Defendant, asserting a legal
interest in the subject property must, within thirty (30) days after receipt of notice, or no
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later than sixty (60) days from the first day of publication on the official internet
government forfeiture site, www.forfeiture.gov, whichever is earlier, petition the Court for
a hearing without a jury to adjudicate the validity of his alleged interest in the subject
property, and for an amendment of the Order of Forfeiture, pursuant to 21 U.S.C. ' 853(n),
as incorporated by 28 U.S.C. § 2461(c), through 18 U.S.C. § 924(d)(1).
5. 	Pursuant to F ED . R. 	CRIM . P. 32.2(b)(4), 	this Preliminary Order of
Forfeiture shall become final as to the Defendant at the time of sentencing and shall
be made part of the sentence and included in the judgment. If no third-party files a
timely claim, this Order shall become the Final Order of Forfeiture, as provided by FED.
R. C RIM . P. 32.2(c)(2).
6. 	Any petition filed by a third-party asserting an interest in the subject
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 subject property, the
time and circumstances of the petitioner=s acquisition of the right, title or interest in the
subject property, any additional facts supporting the petitioner=s claim and the relief
sought.
7. 	After the disposition of any motion filed under F ED. R. CRIM . P. 32.2(c)(1)(A)
and before a hearing on the petition, discovery may be conducted in accordance with the
Federal Rules of Civil Procedure upon a showing that such discovery is necessary or
desirable to resolve factual issues.
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8. 	The United States shall have clear title to the subject property following the
Court=s disposition of all third-party interests, or if none, following the expiration of the
period provided in 21 U.S.C. ' 853(n), incorporated by 28 U.S.C. § 2461(c), through 18
U.S.C. § 924(d)(1) for the filing of third-party petitions.
9. 	The Court shall retain jurisdiction to enforce this Order, and to amend it as
necessary, pursuant to F ED. R. C RIM . P. 32.2(e).
SO ORDERED, this 23rd day of October, 2025.
S/Clay D. Land
CLAY D. LAND, JUDGE
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA
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