Case 4:22-cr-00372 Document 37 Filed on 11/14/22 in TXSD Page 1 of 3
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
UNITED STATES OF AMERICA §
§
v. § CRIMINAL NO. 4:22-CR-372
§
CALEB JORDAN McCRELESS (1) §
UNITED STATES’ MOTION TO
MAINTAIN CUSTODY OF SEIZED PROPERTY
The United States moves for an order allowing it to maintain and preserve seized property
already in the custody of the United States. In support of this motion, the United States submits the
following:
The Indictment in this case provides notice of the forfeiture of property pursuant to Title 18,
United States Code, Section 981(a)(1)(C) and Title 28, United States Code, Section 2461(c). The
United States, in the Indictment and the Supplement to Notice of Forfeiture in Indictment, listed
specific seized property. At this time, the United States has chosen to seek forfeiture through the
criminal judicial process with respect to the property. In order to proceed with criminal forfeiture
while still preserving the option of civil judicial forfeiture, the United States must “take the steps
necessary to preserve its right to maintain custody of the property as provided in the applicable
criminal forfeiture statute.” 18 U.S.C. § 983(a)(3)(B)(ii)(II); see also 18 U.S.C. § 983(a)(3)(C). The
applicable criminal forfeiture statute, 21 U.S.C. § 853, authorizes the Court to issue orders to preserve
the availability of property for forfeiture. See 21 U.S.C. § 853(e)(1)(providing that the Court may
take “any other action to preserve the availability of property . . . for forfeiture”).
The United States, therefore, moves for an order that it preserve and maintain custody of the
seized property, pending resolution of the criminal forfeiture proceedings.
Case 4:22-cr-00372 Document 37 Filed on 11/14/22 in TXSD Page 2 of 3
Respectfully submitted,
JENNIFER B. LOWERY
UNITED STATES ATTORNEY
By: s/ Thomas Carter
THOMAS CARTER
Assistant United States Attorney
1000 Louisiana Street, Suite 2300
Houston, Texas 77002
Tel. (713) 567-9470
CERTIFICATE OF CONFERENCE
Counsel for Caleb Jordan McCRELESS, Attorney Allison Secrest, was contacted with respect
to the relief sought by this motion and forwarded copies of both the Notice and this Motion to present
to her client, who is currently incarcerated. As of this filing, the government is unaware whether
this motion is opposed or unopposed by the defendant.
s/ Thomas Carter
THOMAS CARTER
Assistant United States Attorney
CERTIFICATE OF SERVICE
A copy of this document was filed via electronic court filing on November 14, 2022.
s/ Thomas Carter
THOMAS CARTER
Assistant United States Attorney
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Case 4:22-cr-00372 Document 37 Filed on 11/14/22 in TXSD Page 3 of 3
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
UNITED STATES OF AMERICA §
§
v. § CRIMINAL NO. 4:22-CR-372
§
CALEB JORDAN McCRELESS (1) §
ORDER TO MAINTAIN CUSTODY
Pending before the Court is the United States’ Motion to Maintain Custody of Seized Property.
The Indictment in this case provides notice to the Defendants that in the event of conviction, the
United States intends to seek the forfeiture of property as provided by Title 18, United States Code,
Section 981(a)(1)(C) and Title 28, United States Code, Section 2461(c). The United States, in the
Indictment and the Supplement to Notice of Forfeiture in Indictment, listed specific seized property.
Having considered the motion, the record, and the applicable law, the Court has decided to
grant the motion. Accordingly,
It is ORDERED that, pursuant to 21 U.S.C. § 853(e)(1), the United States shall maintain
custody of and preserve the seized property pending resolution of the forfeiture proceedings in this
case.
Signed at Houston, Texas, this_____ day of ______________ 2022.
____________________________________
HONORABLE SIM LAKE
UNITED STATES DISTRICT JUDGE
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