Free Order on Motion for Preliminary Order of Forfeiture - District Court of Delaware - Delaware

Case 1 :07-cr-00038-JJF Document 37 Filed 06/O3/2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, :
Plaintiff,
v. Criminal Action No. 07-3 8-JJF
CRISTIAN OREJUELA
a/k/a Christian Munoz :
Defendant.
PRELIMINARY ORDER OF FORFEITURE
THIS day of , 2008, IT IS HEREBY ORDERED that:
1. As a result of his conviction after a bench trial on Count lof the Indictment (the
"Indictment"), for which the United States sought forfeiture pursuant to 18 U.S.C. § 924(d) and
28 U.S.C. § 246l(c), the defendant shall forfeit to the United States any firearm or ammunition
involved in such offense.
2. The Court determines, based on the record established at trial, that the Para-Ordance .45
ACP caliber semi-automatic handgun, serial number TJ 6633 (the "Firearm"), and five rounds of
.45 caliber ACP ammunition (the "Ammunition") were involved in the offense of conviction and
are forfeit to the United States.
3. Upon entry of this Order, the United States Attomey General (or a designee) is
authorized to commence any applicable proceeding to comply with statutes governing third party
rights, including giving notice of this Order.
4. The United States shall publish notice of the Order and its intent to dispose of the
Firearm and Ammunition in such a manner as the United States Attorney General (or a designee)
may direct. The United States may also, to the extent practicable, provide written notice to any

Case 1:07-cr-00038-JJF Document 37 Filed 06/O3/2008 Page 2 of 3
person known to have an alleged interest in the Firearm and/or Ammunition.
5. Any person, other than the above named defendant, asserting a legal interest in the
Firearm and/or Ammunition may, within thirty days ofthe final publication of notice or receipt
of notice, whichever is earlier, petition the Court for a hearing without a jury to adjudicate the
validity of the alleged interest in the Firearm and/or Ammunition, and for an amendment of the
order of forfeiture, pursuant to 21 U.S.C. § 853(n).
6. Pursuant to Fed. R. Crim. P. 32.2(b)(3), 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. Crim. P. 32.2(c)(2).
7. Any petition filed by a third party asserting an interest in the Real Property shall be
signed by the petitioner under penalty of perjury and shall set forth the nature and extent ofthe
petitioner's right, title, or interest in the Firearm and/or Ammunition, the time and circumstances
ofthe petitioner's acquisition of the right, title or interest in the Firearm and/or Ammunition, and
any additional facts supporting the petitioner's claim and the relief sought.
8. After the disposition of any motion filed under Fed. R. Crim. P. 32.2(c)(l)(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.
9. The United States shall have clear title to the Firearm and/or Ammunition 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)(2) for the filing of third party petitions.
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Case 1:07-cr-00038-JJF Document 37 Filed 06/O3/2008 Page 3 of 3
10. The Court shall retain jurisdiction to enforce this Order, and to amend it as necessary,
pursuant to Fed. R. Crim. P. 32.2(e).
J
HoN · BL = @5 P J. FARN JR.
UNI in STATES DISTRICT JUDGE
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