USA v. Winston

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
UNITED STATES OF AMERICA 	)
)
v. 	) 	CRIMINAL NO. 22-CR-00024-TFM
)
DEREK LAJUAN WINSTON 	)
PRELIMINARY ORDER OF FORFEITURE
This matter is before the Court on the United States’ motion for preliminary order of
forfeiture (Doc. 19). Based on the indictment and the defendant’s written plea agreement and
factual resume (Docs. 1, 18), the motion is granted. It is therefore:
ORDERED, ADJUDGED AND DECREED, that pursuant to Title 18, United States
Code, Section 924(d), Title 28, United States Code, Section 2461(c), and Fed. R. Crim. P.
32.2(b), the interest of the defendant, Derek Lajuan Winston, in the property identified as follows
is hereby condemned and forfeited to the United States for disposition according to law:
One Harrington and Richardson, Model 632, .32 caliber, revolver, serial number
S57898.
AND 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 any and all potential third parties who have or may have an interest in the
forfeited property, pursuant to Title 21, United States Code, Section 853 and Fed. R. Crim. P.
32.2(b):
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
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with law, subject to the provisions of Title 21, United States Code, Section 853(n).
The aforementioned property is authorized to be held by the Bureau of Alcohol,
Tobacco, Firearms and Explosives, 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 this Order, 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 firearm 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 28th day of April 2022.
/s/Terry F. Moorer
TERRY F. MOORER
UNITED STATES DISTRICT JUDGE
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