USA v. Gonzalez-Leon et al

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
UNITED STATES OF AMERICA 	)
)
v. 	) 	CRIMINAL NO. 23-CR-00186-TFM
)
CHAD VERNON WALLACE 	)
PRELIMINARY ORDER OF FORFEITURE
This matter is before the Court on the United States’ motion for preliminary order of
forfeiture. (Doc. 66). Based on the indictment, the defendant’s written plea agreement and factual
resume, (Docs. 1, 32), the motion is GRANTED. It is therefore:
ORDERED, ADJUDGED AND DECREED, that pursuant to Title 21 U.S.C. § 853, 28
U.S.C. § 2461(c) and Fed. R. Crim. P. 32.2(b)(2), the interest of the defendant, Chad Vernon
Wallace, in the property identified as follows is hereby condemned and forfeited to the United
States for disposition according to law:
One Motorola Moto G 5G cellular phone, International Mobile Equipment
Identity (“IMEI”) number 359463901737418; and
One TCL T602DL cellular phone, IMEI number 016053008628746.
WHEREAS, by virtue of said guilty plea, plea agreement and factual resume, the United
States is now entitled to, pending possible appeal herein, reduce the said property to its possession
and notify all potential third parties who have or may have an interest in the forfeited property,
pursuant to Title 21 U.S.C. § 853, 28 U.S.C. § 2461(c) and Fed. R. Crim. P. 32.2(b)(2):
NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
That based on the foregoing and Fed. R. Crim. P. 32.2(b), the above-described property
is hereby forfeited to and vested in the United States of America for disposition in accordance
with law, subject to the provisions of Title 21, United States Code, Section 853(n).
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That the aforementioned property is authorized to be held by the United States Postal
Inspection Service or other authorized federal agency in their secure custody and control and to
dispose of it in accordance with law.
Pursuant to 21 U.S.C. § 853(n)(1) and the Attorney General’s authority to determine the
manner of publication of an order of forfeiture in a criminal case, the United States shall publish
notice of this Order on an official government internet site (www.forfeiture.gov) for at least 30
consecutive days.
In accordance with Section 853(n)(1)-(3), the notice shall accomplish at least
the following:
● 	provide notice of the entry of this order;
● 	declare the United States’ intent to dispose of the property in such
manner as the Attorney General may direct; explain that any person,
other than the defendant, having or claiming a legal interest in any of the
above-described forfeited property must file a petition with the Court
within 60 days of the first date of publication of notice (which date shall
be set forth in the notice);
● 	provide the Clerk’s address for filing of the petition;
● 	explain that the petition shall be signed by the petitioner under penalty
of perjury; and
● 	explain that the petition shall set forth the nature and extent of the
petitioner’s right, title or interest in the forfeited property, the time, and
circumstances of the petitioners’ acquisition of the right, title, or
interest, and any additional facts supporting the petitioner’s claim and
the relief sought.
Pursuant to Fed. R. Crim. P. 32.2(b)(6)(A), the United States must also send notice to any
person who reasonably appears to be a potential claimant with standing to contest the forfeiture
in the ancillary proceeding.
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Pursuant to Section 853(n)(1), the United States may also, to the extent practicable,
provide direct written notice to any person known to have alleged an interest in the property that is
the subject of the order of forfeiture, as a substitute for published notice as to those persons so
notified.
After the disposition of any motion filed under Fed. R. Crim. P. 32.2(c)(1)(A), and
pursuant to Fed. R. Crim. P. 32.2(c)(1)(B), discovery may be conducted prior to a hearing on a
petition in accordance with the Federal Rules of Civil Procedure, upon showing that such
discovery is necessary or desirable to resolve factual issues.
The United States shall have clear title to the above-described two cellular phones
following the Court’s disposition of all third-party interests, or, if none, following the expiration
of the period provided in Section 853(n)(2) for the filing of third-party petitions. Pursuant to
Fed. R. Crim. P. 32.2(c)(2), if no third-party files a timely petition this Order becomes the final
order of forfeiture, and the United States shall file a motion requesting that this Order become
the final order of forfeiture.
Pursuant to Fed. R. Crim. P. 32.2(b)(4)(A) and (B), this preliminary order of forfeiture
shall become final as to the defendant at the time of sentencing and shall be made part of the
sentence and judgment.
The Court shall retain jurisdiction to enforce this Order, and to amend it as necessary,
pursuant to Fed. R. Crim. P. 32.2(e).
DONE and ORDERED this 29th day of January 2024.
/s/Terry F. Moorer
TERRY F. MOORER
UNITED STATES DISTRICT JUDGE
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