Preliminary Order of Forfeiture — United States v. Darrell Lamar Williams (Document 22)

Summary

A Preliminary Order of Forfeiture in the Southern District of Georgia, Statesboro Division, in United States v. Darrell Lamar Williams. It states that on or about November 29, 2023, the defendant pleaded guilty to Count One of the Information, charging a violation of 18 U.S.C. § 922(g)(1), and consented to forfeiture of a Glock Model 22, .40-caliber pistol. The order forfeits the defendant's right, title, and interest in that property to the United States and authorizes the Attorney General or a designee to seize it. A person other than the defendant who asserts an interest may petition the court within thirty (30) days of final publication or notice, or no later than sixty (60) days after the first day of publication on an official government website, whichever is earlier. The order becomes final as to the defendant at sentencing.

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Full text

    Case 6:23-cr-00013-JRH-BKE Document 22 Filed 03/07/24 Page 1 of 3




                      UNITED STATES DISTRICT COURT
                      SOUTHERN DISTRICT OF GEORGIA
                          STATESBORO DIVISION


 UNITED STATES OF AMERICA

                V.                                    6:23-CR-00I3

 DARRELL LAMAR WILLIAMS



                     PRELIMINARY ORDER OF FORFEITURE


              WHEREAS, on or about November 29, 2023, Darrell Lamar Williams

(the "defendant"), entered a plea of guilty to the offense(s) charged in Count One of

the above-captioned Information, charging a violation of 18 U.S.C. § 922(g)(1); and

              WHEREAS, pursuant to 18 U.S.C. § 924(d) and 28 U.S.C. § 2461(c), the

defendant has consented to the forfeiture of all right, title, and interest to the United

States in a Glock Model 22, .40-caliber pistol bearing serial number FBB091US (the

"Subject Property"), on the legal and factual bases set forth in the forfeiture allegation

in the charging document, at the plea hearing, and/or through the plea agreement,

which the Court finds sufficient to justify forfeiture of the Subject Property.

             IT IS HEREBY ORDERED,ADJUDGED AND DECREED as follows:

              1.     On the basis of the forfeiture authority listed above, all right,

title, and interest in the Subject Property of the defendant is forfeited to the United

States.


             2.      Upon entry of this Preliminary Order of Forfeiture ("Preliminary

Order"), the United States Attorney General or a designee is authorized to seize the

Subject Property, to conduct any proper discovery, and to commence any applicable
    Case 6:23-cr-00013-JRH-BKE Document 22 Filed 03/07/24 Page 2 of 3




proceedings to comply with statutes governing third-party rights, as set forth in Fed.

R. Crim. P. 32,2.


             3.     The United States shall comply with the notice provisions

established in Fed. R. Crim. P. 32.2(b)(6) including, as appropriate, publication and

direct notice.


             4.     Any person, other than the defendant, asserting a legal interest

in the Subject Property may, within thirty (30) days of the final publication of notice

or receipt of notice or no later than sixty (60) days after the first day of publication on

an official government website, whichever is earlier, petition the Court for a hearing

without a jury to adjudicate the validity of his or her alleged interest in the Subject

Property, and for an amendment of the order of forfeiture, pursuant to 21 U.S.C.

§ 853(n)(6). Any petition filed in response to the notice of forfeiture of the Subject

Property must be signed by the petitioner under penalty of perjury and shall set forth

the nature and extent of the petitioner's right, title, or interest in the property; the

time and circumstances of the petitioner's acquisition of the right, title, or interest in

the property; any additional facts supporting the petitioner's claim; and the relief

sought.

             5.     Pursuant to Fed. R. Crim. P. 32.2(b)(4), this Preliminary Order

shall become final as to the defendant at the time of the defendant's sentencing and

shall be made part of the defendant's sentence and included in his judgment of

conviction. If no third party files a timely claim, this Preliminary Order, together

with supplemental Orders of Forfeiture, if any, shall become the Final Order of
    Case 6:23-cr-00013-JRH-BKE Document 22 Filed 03/07/24 Page 3 of 3




Forfeiture, as provided by Fed. R. Crim. P. 32.2(c)(2). At that time, the Subject

Property shall be forfeited to the United States for disposition in accordance with the

law.


             6.     The United States alone shall hold title to the Subject Property

following the Court's disposition of all third-party interests, or, if none, following the

expiration of the period provided in 21 U.S.C. § 853(n)(2).

             7.     The forfeiture of the Subject Property is not to be considered a

payment of a fine, penalty, restitution loss amount, or payment of any income taxes

that may be due, and shall survive bankruptcy.

             8.     This Preliminary Order shall be binding upon the defendant and

the successors, administrators, heirs, assigns, and transferees of the defendant, and

shall survive the bankruptcy of any of them.

             9.     The Court shall retain jurisdiction over this action to enforce

compliance with the terms of this Preliminary Order and to amend it as necessary,

pursuant to Fed. R. Crim. P. 32.2(e).

Dated:                              , 2024

                                             ORDERED:_



                                             HONQRi^LS'J. RANDAL HALL
                                             UNITWSTATES DISTRICT COURT
                                             SO-UTHERN DISTRICT OF GEORGIA


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