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United States v. Johnston

United States District Court, Tenth Circuit

January 22, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
1. JEFFERY ALLAN JOHNSTON, Defendant.

PRELIMINARY ORDER OF FORFEITURE

PHILIP A. BRIMMER, District Judge.

This matter comes before the Court on the United States' Motion for Preliminary Order of Forfeiture [Docket No. 51]. The Court having read said motion and being fully advised in the premises finds:

1. On October 28, 2013, the United States and the defendant, Jeffery A. Johnston, entered into a Plea Agreement [Docket No. 45] which provides a factual basis and cause to issue a forfeiture order under 18 U.S.C. § 853 and Rule 32.2 of the Federal Rules of Criminal Procedure.

2. The government has established the requisite nexus between the property and the offense.

3. Prior to the disposition of the assets, the United States is required to seize the forfeited property and provide notice to third parties pursuant to 21 U.S.C. § 853(n).

Therefore, it is

ORDERED that defendant's interest in the following property:

a. Colt 1911.45 caliber pistol, SN SS25514E;
b. North American Arms NAA-22M.22 caliber revolver, SN D86877;
c. Colt AR-15 A2.223 caliber semi-automatic rifle, SN GC016690;
d. Ithaca Model 37 12 gauge shot gun, SN 772060-4;
e. Winchester Model FL 12, 12 gauge shotgun, SN 1633583;
f. Colt Officers Model.45 Caliber pistol, ...

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