Preliminary Order of Forfeiture — United States v. Jonathan Millard Robinson (Dkt. 13, August 18, 2022)

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A Preliminary Order of Forfeiture in United States of America v. Jonathan Millard Robinson, Nos. 2:21-CR-161-APG-DJA and 2:22-CR-133-RFB-EJY, U.S. District Court, District of Nevada, Document 13, filed 08/18/22. The court finds that Jonathan Millard Robinson pled guilty to Counts One and Two of a Two-Count Criminal Information, Count One charging felon in possession of ammunition under 18 U.S.C. § 922(g)(1) and Count Two wire fraud under 18 U.S.C. § 1343. It lists the property subject to forfeiture under 18 U.S.C. § 924(d)(1) with 28 U.S.C. § 2461(c) as multiple 5.7 mm rounds of ammunition in a magazine and approximately thirty-eight 5.7 rounds loosely in the box. The signature block names Richard F. Boulware, II, United States District Judge.

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“Preliminary Order of Forfeiture — United States v. Jonathan Millard Robinson (Dkt. 13, August 18, 2022).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-2-22-cr-00133-dkt-13-c3217fbef2/, SHA-256 1c0418e841a07ae47ad14645d92e252187d4b1ad63dc119635d8fb8d2bcf0384.

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____FILED ____RECEIVED
Case 2:22-cr-00133-RFB-EJY Document 13 Filed 08/18/22 Page 1____SERVED
____ENTERED
of 3 ON
COUNSEL/PARTIES OF RECORD

AUG 18, 2022
1

2 CLERK US DISTRICT COURT
DISTRICT OF NEVADA
3 BY:_________________________DEPUTY

6
UNITED STATES DISTRICT COURT
7 DISTRICT OF NEVADA

8 UNITED STATES OF AMERICA, 2:21-CR-161-APG-DJA
2:22-CR-133-RFB-EJY
9 Plaintiff,
Preliminary Order of Forfeiture
10 v.

11 JONATHAN MILLARD ROBINSON,

12 Defendant.

13 This Court finds Jonathan Millard Robinson pled guilty to Counts One and Two of a
14 Two-Count Criminal Information charging him in Count One with felon in possession of

15 ammunition in violation of 18 U.S.C. § 922(g)(1) and in Count Two with wire fraud in

16 violation of 18 U.S.C. § 1343. Criminal Information, ECF No. 8
__; Change of Plea, ECF

__; Plea Agreement, ECF No.9__.
17 No. 12

18 This Court Jonathan Millard Robinson agreed to the forfeiture of the property set
19 forth in the Plea Agreement and the Forfeiture Allegation of the Criminal Information.

20 Criminal Information, ECF No. 8
__; Change of Plea, ECF No. 12
__; Plea Agreement, ECF
21 No. __.
9
22 This Court finds, under Fed. R. Crim. P. 32.2(b)(1) and (b)(2), the United States of
23 America has shown the requisite nexus between property set forth in the Plea Agreement

24 and the Forfeiture Allegation of the Criminal Information and Count One, to which

25 Jonathan Millard Robinson pled guilty.

26 The following property is any firearm or ammunition involved in or used in any
27 knowing violation of 18 U.S.C. § 922(g)(1) and is subject to forfeiture under 18 U.S.C. §

28 924(d)(1) with 28 U.S.C. § 2461(c):
Case 2:22-cr-00133-RFB-EJY Document 13 Filed 08/18/22 Page 2 of 3

1 1. multiple 5.7 mm rounds of ammunition in a magazine; and

2 2. approximately thirty-eight 5.7 rounds of ammunition loosely in the

3 box, manufactured by FNB

4 (all of which constitutes property).

5 This Court finds that on the government’s motion, the Court may at any time enter

6 an order of forfeiture or amend an existing order of forfeiture to include subsequently

7 located property or substitute property under Fed. R. Crim. P. 32.2(e) and 32.2(b)(2)(C).

8 This Court finds the United States of America is now entitled to, and should, reduce

9 the aforementioned property to the possession of the United States of America.

10 NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND

11 DECREED that the United States of America should seize the aforementioned property.

12 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED all possessory

13 rights, ownership rights, and all rights, titles, and interests of Jonathan Millard Robinson in

14 the aforementioned property are forfeited and are vested in the United States of America

15 and shall be safely held by the United States of America until further order of the Court.

16 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED the United States

17 of America shall publish for at least thirty (30) consecutive days on the official internet

18 government forfeiture website, www.forfeiture.gov, notice of this Order, which shall

19 describe the forfeited property, state the time under the applicable statute when a petition

20 contesting the forfeiture must be filed, and state the name and contact information for the

21 government attorney to be served with the petition, under Fed. R. Crim. P. 32.2(b)(6) and

22 21 U.S.C. § 853(n)(2). In the alternative, if the value of the property is less than $1,000, the

23 government may instead serve every person reasonably identified as a potential claimant in

24 lieu of publication under Fed. R. Crim. P. 32.2(b)(6)(C) with Fed. R. Civ. P. Supp. Rule

25 G(4)(a)(i)(A).

26 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that any individual

27 or entity who claims an interest in the aforementioned property must file a petition for a

28 hearing to adjudicate the validity of the petitioner’s alleged interest in the property, which
2
Case 2:22-cr-00133-RFB-EJY Document 13 Filed 08/18/22 Page 3 of 3

1 petition shall be signed by the petitioner under penalty of perjury under 21 U.S.C. §

2 853(n)(3) and 28 U.S.C. § 1746, and shall set forth the nature and extent of the petitioner’s

3 right, title, or interest in the forfeited property and any additional facts supporting the

4 petitioner’s petition and the relief sought.

5 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED a petition, if any,

6 must be filed with the Clerk of the Court, 333 Las Vegas Boulevard South, Las Vegas,

7 Nevada 89101, no later than thirty (30) days after the notice is sent or, if direct notice was

8 not sent, no later than sixty (60) days after the first day of the publication on the official

9 internet government forfeiture site, www.forfeiture.gov.

10 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED a copy of the

11 petition, if any, shall be served upon the Asset Forfeiture Attorney of the United States

12 Attorney’s Office at the following address at the time of filing:

13 Daniel D. Hollingsworth
Assistant United States Attorney
14 501 Las Vegas Boulevard South, Suite 1100
Las Vegas, Nevada 89101.
15

16 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED the notice

17 described herein need not be published in the event a Declaration of Forfeiture is issued by

18 the appropriate agency following publication of notice of seizure and intent to

19 administratively forfeit the above-described property.

20 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Clerk send

21 copies of this Order to all counsel of record.

22 DATED August 18
_____________________, 2022.

25 RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE
26

28
3

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