USA v. Melton, et al.

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
UNITED STATES OF AMERICA 	)
)
v. 	) 	CRIMINAL NO. 20-00122-TM
)
ALEX SCOTT 	)
Aka BLACK 	)
FINAL ORDER OF FORFEITURE
This cause now comes before the Court upon the United States’ motion for a Final
Order of Forfeiture for the following property:
One Rohm, model RG14, .22 revolver, with an obliterated serial number
The Court hereby finds that the motion is due to be granted, for the reasons set
forth herein and as set out below:
On March 3, 2022, the United States filed a motion for preliminary order of
forfeiture for the above-referenced firearm. (Doc. 1645, PageID.6184-6187) In that motion,
the United States established the defendant’s interest in the property and the nexus between
the property and the defendant’s conviction for Count One of the Indictment. On
February 25, 2022, pursuant to 18 U.S.C. § 924(d), 28 U.S.C. § 2461(c), and Fed. R. Crim.
P. 32.2(b)(2), the Court entered a preliminary order of forfeiture for the above-referenced
firearm. (Doc. 1655, PageID.6203-6206)
In accordance with the provisions of 21 U.S.C. § 853(n) and Fed. R. Crim.
P. 32.2(b)(6), the United States published notice of the forfeiture, and of its intent to
dispose of the firearm, on the official government website, www.forfeiture.gov, beginning
on March 8, 2022, and ending on April 6, 2022. The publication gave notice to all third
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parties with a legal interest in the property to file with the Clerk of the Court, 155 St. Joseph
Street, Mobile, AL 36602, and a copy served upon Assistant United States Attorney George
F. May, 63 South Royal Street, Suite 600, Mobile, AL 36602, a petition to adjudicate their
interest within 60 days of the first date of publication. No third party filed a petition or
claimed an interest in the property, and the time for filing any such petition has expired.
(Doc. 1752, PageID.7001-7005)
Further, pursuant to Fed. R. Crim. P. 32.2(b)(4)(A), forfeiture of the firearm became
final as to the defendant, Alex Scott, at the time of sentencing and was made a part of the
sentence and included in the amended judgment. (Doc. 1944, PageID.7663).Thus, the
United States has met all statutory requirements for the forfeiture of the firearm, and it is
appropriate for the Court to enter a final order of forfeiture.
NOW, THEREFORE, the Court having considered the matter and having been
fully advised in the premises, it is hereby ORDERED, ADJUDGED, and DECREED
that for good cause shown, the United States’ motion is GRANTED. Under 18 U.S.C.
§ 924(d)(1), 28 U.S.C. § 2461(c), and Fed. R. Crim. P. 32.2(c)(2), all right, title, and
interest 	in 	the 	above-referenced 	firearm 	are 	CONDEMNED, 	FORFEITED, 	and
VESTED in the United States for disposition according to law; and
IT IS FURTHER ORDERED that the Bureau of Alcohol, Tobacco, Firearms and
Explosives or other duly authorized federal agency take the above-referenced firearm into
its secure custody and control for disposition according to law; and,
IT IS FURTHER ORDERED that pursuant to 21 U.S.C. § 853(n)(7), the
United States of America has clear title to the above-referenced firearm and may warrant
good title to any subsequent purchaser or transferee; and
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IT IS FURTHER ORDERED that the Bureau of Alcohol, Tobacco, Firearms and
Explosives or other duly authorized federal agency is hereby authorized to dispose of the
above-referenced firearm in accordance with the law; and
IT IS FURTHER ORDERED that the Court shall retain jurisdiction in this case
for the purpose of enforcing this Order.
DONE AND ORDERED this 21st day of June 2022.
/s/Terry F. Moorer
TERRY F. MOORER
UNITED STATES DISTRICT JUDGE
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