Court filing

Government's Motion to Dismiss Appeal — United States v. Daniel Joseph Tisone

Filed October 10, 2023 in U.S. v. Daniel Tisone; one of 7 filings from this case.

What This Document Is

Title correction (): prior inventory (s51) tentatively labeled this docket entry "Motion to Dismiss Appeal." The official docket text and the document's own text confirm it is instead the Final Order of Forfeiture, granting the government's Docket 114 motion and vesting clear title to the seized ammunition in the United States.

Factual Summary

Grants the United States' Motion for Final Order of Forfeiture (Doc. 114). Because Tisone had by this point been adjudicated guilty and no third parties petitioned for the assorted ammunition seized on March 31, 2022 (subject to the December 30, 2022 preliminary order, Doc. 69) within the notice period, the court condemns and forfeits Tisone's interest in the ammunition to the government, vesting clear title in the United States pursuant to 21 U.S.C. § 853(n)(7) and Fed. R. Crim. P. 32.2(c)(2).

Key Facts

By this point, the two real properties had already been removed from forfeiture (Dockets 97-99), the boat had been sold with proceeds applied to restitution (Doc. 46, referenced earlier in the folder), and the diamond ring's disposition is not separately documented in review — leaving the ammunition as the only asset resolved through this final order among the items originally listed in the Docket 69 preliminary order.
No third-party claims were filed as to the ammunition specifically (distinct from the real-property and cash-account assets, which drew petitions from the mortgage holder, Collier County Tax Collector, and Bank of Clarke County).
This order effectively closes the direct-asset forfeiture thread of the case; subsequent docket activity (post-June 2023) shifts to the appeal (already resolved by Docket 120, five months later) and, much later, the §2255 motion (Docket 123).

Source Caveats

Extraction was clean and complete.
Extracted text may omit formatting, pagination, signatures, seals, or redactions; use the source file for exact quotations.

No. 2:22-cr-00039-SPC-NPM · Doc. 119 · 2023-10-10 · Docket on CourtListener

Full text

Case 2:22-cr-00039-SPC-NPM Document 119 Filed 06/09/23 Page 1 of 2 PageID 1075

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

UNITED STATES OF AMERICA

v. CASE NO. 2:22-cr-39-SPC-NPM

DANIEL JOSEPH TISONE

FINAL ORDER OF FOREFEITURE1

Before the Court is the United States’ Motion for Final Order of

Forfeiture. (Doc. 114). Now that Defendant has been adjudicated guilty, the

Government seeks a final order forfeiting his interest in assorted ammunition,

seized from the defendant on or about March 31, 2022, which was subject to a

December 30, 2022 preliminary order of forfeiture (Doc. 69). Although the

Government gave proper notice, no third parties have petitioned for the

assorted ammunition, and the time to do so has expired. The Court thus will

forfeit all right, title, and interest in the assorted ammunition to the

Government.

Accordingly, it is

ORDERED:

1 Disclaimer: Papers hyperlinked to CM/ECF may be subject to PACER fees. By using
hyperlinks, the Court does not endorse, recommend, approve, or guarantee any third parties
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Case 2:22-cr-00039-SPC-NPM Document 119 Filed 06/09/23 Page 2 of 2 PageID 1076

The United States’ Motion for Final Order of Forfeiture (Doc. 114) is

GRANTED.

1. Defendant’s interest in the assorted ammunition seized from the

defendant on or about March 31, 2022 is CONDEMNED and

FORFEITED to the United States for disposition according to law

and subject to 21 U.S.C. § 853(n)(7) and Rule 32.2(c)(2), and Federal

Rule of Criminal Procedure 32.2(c)(2).

2. Clear title to the Assets is now VESTED in the United States.

DONE AND ORDERED in Fort Myers, Florida on June 9, 2023.

Copies: Counsel of Record

File and source

File: gov.uscourts.flmd.401005.119.0.pdf
Size: 81,604 bytes
SHA-256: 2710563b58b2693728421945c3b5f2a339123fe204292e0c5f72ab0bd89acbf2
Our copy: gov.uscourts.flmd.401005.119.0.pdf
Original: PACER (login required)