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Court filing — No. 4:22-cr-00372 (Dkt. 37)

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        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




                                                  2
        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




                                                  3


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