Final Order of Forfeiture — United States v. Prater (Dkt. 500, D. Neb.)

Summary

A final order of forfeiture in United States v. Shawn A. Prater, No. 8:22-cr-00125-BCB-MDN, in the U.S. District Court for the District of Nebraska, filed July 12, 2024 as Doc # 500. The order rules on the United States' motion for a final order of forfeiture (Filing 499) covering a residence in Omaha, Nebraska and a Mossberg .410 shotgun. It recites the February 21, 2024 preliminary order, the $80,165.00 forfeiture money judgment, publication of notice on www.forfeiture.gov beginning March 7, 2024, and that no petition was filed. The order grants the motion, forfeits the residence and the shotgun to the Government and directs their disposal. It is signed by United States District Judge Brian C. Buescher.

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8:22-cr-00125-BCB-MDN Doc # 500 Filed: 07/12/24 Page 1 of 2 - Page ID # 2022




                         IN THE UNITED STATES DISTRICT COURT
                             FOR THE DISTRICT OF NEBRASKA

 UNITED STATES OF AMERICA,
                                                                      8:22CR125
                        Plaintiff,
                                                        FINAL ORDER OF FORFEITURE
        vs.

  SHAWN A. PRATER,

                        Defendant.



       This matter is before the Court on the United States’ Motion for a Final Order of Forfeiture

as to the residence at 2002 Maple Street, Omaha, Nebraska, further identified as Dewey Place, Lot

1 Block 0, 50x122 and the Mossberg .410 shotgun. Filing 499. Having reviewed the record in this

case, the Court finds as follows:

       1.      On February 21, 2024, the Court entered a Preliminary Order of Forfeiture

forfeiting defendant Shawn A. Prater’s interest in the residence at 2002 Maple Street, Omaha,

Nebraska, further identified as Dewey Place, Lot 1 Block 0, 50x122 and the Mossberg .410

shotgun, serial number P615065. Filing 334.

       2.      Additionally, the Court entered a Forfeiture Money Judgment in the amount of

$80,165.00 against defendant Shawn A. Prater. Filing 334. The money judgment did not require

an ancillary hearing pursuant to Rule 32.2(c)(1), and the money judgment became final at

sentencing pursuant to Rule 32.2(b)(4)(A).

       3.      Notice of Criminal Forfeiture was posted on an official internet government

forfeiture site, www.forfeiture.gov, for at least thirty consecutive days, beginning on March 7,

2024, as required by 21 U.S.C. § 853(n)(1) and Rule 32.2(b)(6)(C) of the Federal Rules of Criminal

Procedure. A Declaration of Publication was filed by the United States on July 8, 2024. Filing 498.

 8:22-cr-00125-BCB-MDN Doc # 500 Filed: 07/12/24 Page 2 of 2 - Page ID # 2023




        4.        The United States advises the Court that no party has filed a petition regarding the

residence at 2002 Maple Street, Omaha, Nebraska, further identified as Dewey Place, Lot 1 Block

0, 50x122 or the Mossberg .410 shotgun. Filing 499 at 1 (¶ 4). From a review of the Court file, the

Court finds that no person or entity has filed a petition.

        5.        The United States further advises that on June 26, 2024, the United States

Attorney’s Office received the required Residential Appraisal to proceed with the forfeiture. Filing

499 at 1 (¶ 5).

        6.        The Motion for Final Order of Forfeiture should be granted.

        IT IS ORDERED:

        1.        The Plaintiff’s Motion for Final Order of Forfeiture, Filing 499, is granted;

        2.        All right, title, and interest in and to the residence at 2002 Maple Street, Omaha,

Nebraska, further identified as Dewey Place, Lot 1 Block 0, 50x122 and the Mossberg .410

shotgun, held by any person or entity are forever barred and foreclosed;

        3.        The residence at 2002 Maple Street, Omaha, Nebraska, further identified as Dewey

Place, Lot 1 Block 0, 50x122 (real property) and the Mossberg .410 shotgun are forfeited to the

Government;

        4.        The Government is directed to dispose of the real property and shotgun in

accordance with the law.

        Dated this 12th day of July, 2024.

                                                        BY THE COURT:


                                                        ___________________________
                                                        Brian C. Buescher
                                                        United States District Judge

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