USA v. Williams

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FILED
CHARLOTTE, NC

IN THE UNITED STATES DISTRICT COURT SEP 11 2024
FOR THE WESTERN DISTRICT OF NORTH CAROLMNAraict coury
CHARLOTTE DIVISION WESTERN DISTRICT OF NC
DOCKET NO. 3:22-CR-00247

UNITED STATES OF AMERICA )
)
v. ) PRELIMINARY ORDER OF
) FORFEITURE
KEVIN DAMON WILLIAMS )

THIS MATTER is before the Court on the Government’s Motion for
Preliminary Order of Forfeiture. (Doc. No. 50).

The United States requests, pursuant to Fed. R. Crim. P. 32.2(b) and 18 U.S.C.
§ 924, that this Court enter a Preliminary Order of Forfeiture for the firearm (and
related ammunition) involved in or used in the firearm violation of which the
Defendant was convicted as charged in the Indictment. For good cause shown and
based on the preponderance of the evidence, this Court hereby GRANTS the Motion,
and FINDS AS FOLLOWS:

Title 18 U.S.C. § 924(d) authorizes the forfeiture of firearms and ammunition
involved in violations of criminal laws of the United States, and Fed. R. Crim. P.
32.2(b)(1) provides for the preliminary forfeiture, pending petitions by third parties,
of seized assets. Forfeiture is appropriate upon a finding of a nexus, or connection,
between the property and count of convictions. Fed. R. Crim. P. 32.2(b)(1)(A). Here,
the Court finds that requisite nexus between the firearm and ammunition for which
the Government seeks a preliminary order of forfeiture on and the verdict on Count

One. (Doc. No. 36). Accordingly, the firearm is forfeitable under Section 924(d).

1

IT IS, THEREFORE, ORDERED:

1. Based upon Defendant’s conviction, the trial evidence, and the Verdict,
the United States is authorized to maintain possession of the following property, and
the property is hereby forfeited to the United States for disposition according to law,
provided, however, that such forfeiture is subject to any and all third-party claims
and interests, pending final adjudication herein:

One Taurus, model PT111 G2, 9mm caliber pistol, serial number TGR74176
and ammunition.

2. Pursuant to 21 U.S.C. § 853()(1), the Government shall publish notice
of this order; notice of its intent to dispose of the property in such manner as the
Attorney General may direct; and notice that any person, other than the Defendant,
having or claiming a legal interest in any of the above-listed forfeited property must
file a petition with the Court within thirty days of the final publication of notice or of
receipt of actual notice, whichever is earlier. This notice shall state that the petition
shall be for a hearing to adjudicate the validity of the petitioner’s alleged interest in
the property, shall 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 forfeited
property and any additional facts supporting the petitioner’s claim and the relief
sought. The United States may also, to the extent practicable, provide direct written
notice to any person known to have alleged an interest in property that is the subject

of this Order of Forfeiture, as a substitute for published notice as to those persons so

notified.

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3. Upon adjudication of all third-party interests, this Court will enter a
Final Order of Forfeiture. If no third parties file petitions within the time provided
by law, then this Order shall become final by operation of law.

SO ORDERED.

LAvkf lard /

“THE HON. RqBERT J. CONRAD, &
United States ‘District Judge

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