USA v. Pace

1
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
UNITED STATES OF AMERICA, 	)
)
Plaintiff, 	)
)
vs. 	) 	Case No. 3:24-cr-30148-DWD
)
DANIEL M. PACE, 	)
)
Defendant. 	)
PRELIMINARY ORDER OF FORFEITURE PURSUANT TO
FEDERAL RULE OF CRIMINAL PROCEDURE 32.2
WITH RESPECT TO A CERTAIN FIREARM AND AMMUNITION
In the Indictment (Doc. 1) filed in this case on November 5, 2024, the Government
sought the forfeiture of property of Defendant pursuant to 18 U.S.C. § 924(d) and 28
U.S.C. § 2461(c). The Court, upon consideration of the guilty plea entered in this case
(Doc. 34), FINDS the following property is forfeitable and ORDERS FORFEITED:
One black Kel Tec .380 pistol, with serial number HPW99, and any and all
ammunition contained therein.
The Government shall provide notice of the forfeiture and the right of persons,
other than Defendant, who have any claim or legal interest in any of the property, to file
a petition with the Court. The notice shall be provided in a manner consistent with
Supplemental Rule G(4)(a) of the Supplemental Rules for Admiralty or Maritime Claims
and Asset Forfeiture Actions.
The notice shall state that the petition shall be set for a hearing to adjudicate the
validity of the petitioner’s alleged interest in the property, shall be signed by the
Case 3:24-cr-30148-DWD Document 40 Filed 11/03/25 Page 1 of 3 Page ID
#<pageID>

2
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.
The Government shall, to the extent practicable, provide direct written notice to
any person known to have alleged an interest in the property that is the subject of the
Order of Forfeiture, as the substitute for the published notice to those persons so notified.
Upon the filing of a petition alleging the third-party interests in the property, the
Court may amend this Order of Forfeiture to resolve the claimed third-party interests.
The United States Marshal or the custodian for the Bureau of Alcohol, Tobacco,
Firearms and Explosives shall seize and reduce to their possession, if they have not
already done so, the above-described property.
This Order of Forfeiture under Rule 32.2(b)(3) shall become final with respect to
Defendant at the time of his sentencing, regardless of whether or not the rights of actual
or potential third-party petitioners have been determined by that time. This Order of
Forfeiture shall be made part of the sentence of Defendant and shall be included in the
Judgment imposed against Defendant. Although this Order of Forfeiture is final with
respect to Defendant at the time of his sentencing, it may be amended with respect to
petitions filed by third parties claiming an interest in the forfeited property.
The Government may abandon the forfeiture of the property by filing a notice of
the abandonment with the Court.
Consistent with the foregoing, the Government’s Motion for the Entry of a
Case 3:24-cr-30148-DWD Document 40 Filed 11/03/25 Page 2 of 3 Page ID
#<pageID>

3
Preliminary Order of Forfeiture (Doc. 39) is GRANTED.
SO ORDERED.
Dated: November 3, 2025
__________________________
DAVID W. DUGAN
United States District Judge
s/ David W. Dugan
Case 3:24-cr-30148-DWD Document 40 Filed 11/03/25 Page 3 of 3 Page ID
#<pageID>