USA v. Smith

OCR transcription for search; preserved printed pages are authoritative

Case 3:21-cr-30092-RAL Document 55 Filed 10/06/22 Page 1 of 3 PagelD #: <pagelD>

UNITED STATES DISTRICT COURT -
DISTRICT OF SOUTH DAKOTA

CENTRAL DIVISION
UNITED STATES OF AMERICA, -' CR 21-30092
Plaintiff,
PRELIMINARY ORDER

v. OF FORFEITURE
MURPHY SMITH,

Defendant.

Upon motion of the Plaintiff for a preliminary order of forfeiture, the Court
finds: .

1, As the result of the guilty plea to the Indictment for which the United
States seeks forfeiture pursuant to 18 U.S.C, § 924(d), the Defendant shall forfeit
to, the United States 50 rounds of Aguila brand, .22 Long Rifle caliber
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 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.

AUTHENTICATED
U.S. GOVERNMENT .
INFORMATION
GPO

Case 3:21-cr-30092-RAL Document 55. Filed 10/06/22 Page 2 of 3 PagelD #: <pagelD>

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

Case 3:21-cr-30092-RAL Document 55 Filed 10/06/22 Page 3 of 3 PagelD #: <pagelD>

that is identified, above, as a substitute for published notice as to those persons
so notifiéd. . |

5. Pursuant to Red. 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: loloG /27_

BY THE COURT:

ROBERTO jis

CHIEF JUDGE