Preliminary Order of Forfeiture — United States v. Devin T. Harris (Document 35, filed September 15, 2022)

Summary

Preliminary Order of Forfeiture under Federal Rule of Criminal Procedure 32.2(b) in the case against Devin T. Harris in the Southern District of Illinois. It recites that the Indictment filed on September 22, 2021 sought forfeiture of property of the defendant and that the defendant pled guilty on September 13, 2022. Upon consideration of that plea, the Court finds forfeitable and orders forfeited a Glock .40 caliber semi-automatic firearm and any and all ammunition contained therein. The United States is to give notice to persons claiming an interest, who may file a petition, and the order becomes final as to the defendant at sentencing and is made part of the sentence. The order is dated September 15, 2022 and carries the s/ signature of David W. Dugan.

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Full text

 Case 3:21-cr-30153-DWD Document 35 Filed 09/15/22 Page 1 of 3 Page ID #68



                    IN THE UNITED STATES DISTRICT COURT
                   FOR THE SOUTHERN DISTRICT OF ILLINOIS

UNITED STATES OF AMERICA,             )
                                      )
                           Plaintiff, )
                                      )
             vs.                      )         Case No. 3:21-CR-30153-DWD
                                      )
DEVIN T. HARRIS,                      )
                                      )
                           Defendant. )

  PRELIMINARY ORDER OF FORFEITURE PURSUANT TO FEDERAL RULE OF
   CRIMINAL PROCEDURE 32.2(b) WITH RESPECT TO A CERTAIN FIREARM
              AND OR AMMUNITION OF DEVIN T. HARRIS

      In the Indictment filed in the above cause on September 22, 2021, the United States

sought forfeiture of property of Defendant, Devin T. Harris, pursuant to 18 U.S.C.

§ 924(d). Defendant pled guilty on September 13, 2022, and upon consideration of that

guilty plea, the Court FINDS forfeitable and ORDERS forfeited the following property:

     A Glock .40 caliber semi-automatic firearm, serial number BKWG246, and any and
     all ammunition contained therein.

      The United States shall provide notice of the forfeiture and the right of persons,

other than Defendant, who have any claim or legal interest in any of the property, to file

a petition with the Court. The notice shall be provided in a manner consistent with

Supplemental Rule G(4)(a) of the Supplemental Rules for Admiralty or Maritime Claims

and Asset Forfeiture Actions.

      The notice shall state that the petition shall be set for a hearing to adjudicate the

validity of the petitioner's alleged interest in the property, shall be signed by the


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 Case 3:21-cr-30153-DWD Document 35 Filed 09/15/22 Page 2 of 3 Page ID #69




petitioner under penalty of perjury, and shall set forth the nature and extent of the

petitioner's right, title, or interest in the forfeited property and any additional facts

supporting the petitioner’s claim and the relief sought.

       The United States shall, to the extent practicable, provide direct written notice to

any person known to have alleged an interest in the property that is the subject of the

Order of Forfeiture, as the substitute for the published notice to those persons so notified.

       Upon the filing of a petition alleging the third-party interests in the property, the

court may amend this order to resolve the claimed third-party interests.

       The United States Marshals or the custodian for the Bureau of Alcohol, Tobacco,

Firearms and Explosives shall seize and reduce to their possession, if they have not

already done so, the above-described property.

       This Order, pursuant to Rule 32.2(b)(3) of the Federal Rules of Criminal Procedure,

shall become final with respect to Defendant, Devin T. Harris, at the time of Defendant’s

sentencing, regardless of whether or not the rights of actual or potential third-party

petitioners have been determined by that time. This Order shall be made part of the

sentence of Defendant, Devin T. Harris, and shall be included in the Judgment imposed

against Defendant. Although this Order is a final order with respect to Defendant at the

time of sentencing, it may be amended with respect to petitions filed by third parties

claiming an interest in the subject-matter forfeited property.

       The United States may abandon forfeiture of the property by filing notice of the

abandonment with the Court.


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Case 3:21-cr-30153-DWD Document 35 Filed 09/15/22 Page 3 of 3 Page ID #70




    IT IS SO ORDERED.

    DATED: September 15, 2022.
                                         s/ David W. Dugan
                                        _________________________________
                                        DAVID W. DUGAN
                                        United States District Court Judge




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