Free Order for Forfeiture of Property - District Court of Arizona - Arizona

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6 UNITED STATES DISTRICT COURT
7 DISTRICT OF ARIZONA
; United States of America CR-04-1 312_PHX_JAT
10 V. Plamfi PRELIMINARY ORDER
ll Dax Mallaburn, OF FORFEITURE
12 Defendant.
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14 IT IS HEREBY ORDERED THAT:
15 As the result of the guilty plea to the Indictment charging defendant DAX MALLABURN
16 (hereinafter Defendant) with violation of Title 18, United States Code, Sections 922(g)(1) and
17 924(e), Felon in Possession of a Firearm/Armed Career Criminal, for which the Government
18 sought forfeiture in the forfeiture allegation pursuant to Title 18, United States Code, Section
19 924(d) and Title 28, United States Code, Section 2461, Defendant shall forfeit to the United
20 States, the following property: one (1) Excam, .22 caliber revolver, serial number 889068, and
21 sixteen (16) rounds of .22 rimfire caliber ammunition.
22 Defendant agrees the above listed firearm and arrmiunition were involved in or used in
23 violation of Title 18, United States Code, Sections 922(g)(l) and 924(e), Felon in Possession of
24 a Firearm/Armed Career Criminal. Defendant further agrees that the aforementioned firearm
25 and ammunition are subject to seizure and forfeiture by the United States.
26 The Court has determined, based on Defendant's plea agreement, that the property described
27 above is subject to forfeiture pursuant to Title 18, United States Code, Section 924(d) and Title
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1 28, United States Code, Section 2461, and that the govemment has established the requisite
2 nexus between such property and such offenses.
3 Upon the entry of this Order, the United States is authorized to seize the property listed
4 above and to conduct any discovery proper in identifying, locating or disposing ofthe property
5 subject to forfeiture, in accordance with Fed. R. Crim. P. 32.2(b)(3).
6 Upon entry of this Order, the United States/Attorney General (or a designee); is authorized
7 to commence any applicable proceeding to comply with statutes governing third party rights,
8 including givinglnotice of this Order.
9 The United States shall publish notice ofthe Order and its intent to dispose of the property
10 in such a manner as the United States/Attorney General (or a designee), may direct. The United
11 States may also, to the extent practicable, provide written notice to any person known to have
12 an alleged interest in the Subj ect Property.
13 Any person, other than the above named defendant, asserting a legal interest in the Subj ect
14 Property may, within thirty days ofthe final publication of notice or receipt of notice, whichever
15 is earlier, petition the court for a hearing without a jury to adjudicate the validity of his alleged
16 interest in the Subject Property, and for an amendment of the order of forfeiture, pursuant to
17 Title 21, United States Code, Section 853(n) or Title 28, United States Code, Section 2461(c).
18 Pursuant to Fed. R. Crim. P. 32.2(b)(3), and pursuant to defendants consent, as contained
19 in the plea agreement, this Preliminary Order of Forfeiture shall become final as to the defendant
20 prior to defendant’s sentencing and will be included in the judgment. If no third party files a
21 timely claim, this Order shall become the Final Order of Forfeiture, as provided by Fed. R. Crim.
22 P. 32.2(c)(2). . i
23 Any petition filed by a third party asserting an interest in the Subject Property shall be
24 signed by the petitioner under penalty of perjury and shall set forth the nature and extent of the ·
25 petitioner's right, title, or interest in the Subject Property, the time and circumstances of the
26 petitioner's acquisition of the right, title or interest in the Subj ect Property, any additional facts
27 supporting the petitioner's claim and the relief sought.
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Case 2:04-cr-01312-JAT Document 15 Filed 07/29/2005 Page 2 of 3

. 1 After the disposition of any motion filed under Fed. R. Crim. P. 32.2(c)(l)(A) and before
2 a hearing on the petition, discovery may be conducted in accordance with the Federal Rules of
3 Civil Procedure upon a showing that such discovery is necessary or desirable to resolve factual
4 issues.
5 The United States shall have clear title to the Subject Property following the Court's
6 disposition of all third-party interests, or, if none, following the expiration of the period
7 provided in Title 21, United States Code, Section 853(n)(2), for the tiling of third party
8 petitions.
9 The Court shall retain jurisdiction to enforce this Order, and to amend it as necessary,
10 pursuant to Fed. R. Crim. P. 32.2(e). E
11 The Clerk of the Court shall forward two certified copies of this order to Assistant U.S.
12 Attorney LISA ROBERTS, U.S. Attomey's Office, Two Renaissance Square, 40"North Central
13 Avenue, Suite 1200, Phoenix, Arizona 85004-4408,
14 SO ORDERED: -
. 15 Dated: 7-,:2 '7 ‘O 5 I
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