USA v. Johnson

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
UNITED STATES OF AMERICA 	*
*
v. 	* 	Criminal No. 21-00060-TFM
*
REMONTO MAURICE JOHNSON 	*
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 Glock, model 23, 40-caliber semiautomatic pistol with a 9mm conversion
barrel, serial number WPU712
The Court hereby finds that the motion is due to be granted, for the reasons set
forth herein and as set out below:
On August 9, 2021, the United States filed a motion for preliminary order of
forfeiture for the firearm. 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 August 9, 2021, pursuant to 18 U.S.C. § 924(d), 28
U.S.C. § 2461(c) and Fed. R. Cr. P. 32.2(b)(2), the Court entered a preliminary order of
forfeiture for the firearm. (Doc. 29, PageID.90-92)
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 August 11, 2021 and ending on September 9, 2021. The publication gave notice to all
third parties with a legal interest in the property to file with the Clerk of the Court, 155 St.

2
Joseph Street, Mobile, AL 36602, and a copy served upon Assistant United States Attorney
Justin D. Roller, 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.
Further, pursuant to Fed. R. Crim. P. 32.2(b)(4)(A), forfeiture of the firearm became
final as to the defendant, Remonto Maurice Johnson, at the time of sentencing and was
made a part of the sentence and included in the judgment. (Doc. 45, PageID.183)
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 firearm are CONDEMNED, FORFEITED and VESTED in the United States for
disposition according to law; and
IT IS FURTHER ORDERED that the Federal Bureau of Investigation or other
duly authorized federal agency take the 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 firearm and may warrant good title to any subsequent
purchaser or transferee; and

3
IT IS FURTHER ORDERED that the Federal Bureau of Investigation or other
duly authorized federal agency is hereby authorized to dispose of the 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 12th day of November 2021.
/s/Terry F. Moorer
TERRY F. MOORER
UNITED STATES DISTRICT JUDGE