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 	*
ORDER
This matter is before the Court on the United States’ motion for preliminary order of for-
feiture in the above-captioned case. Based on the information contained therein, the motion is
granted. It is therefore ORDERED, ADJUDGED, AND DECREED as follows.
Pursuant to 18 U.S.C. § 924(d), 21 U.S.C. § 853(a)(1), and 28 U.S.C. § 2461(c), and Fed-
eral Rule of Criminal Procedure 32.2(b)(2), the interest of defendant Remonto Maurice Johnson
in the property, namely, a Glock, model 23, 40-caliber semiautomatic pistol with a 9mm conver-
sion barrel, serial number WPU712, is hereby condemned and forfeited to the United States for
disposition according to law. By virtue of the defendant’s guilty plea, 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 pur-
suant to 21 U.S.C. § 853 and Federal Rule of Criminal Procedure 32.2(b). Based on the foregoing
and pursuant to Federal Rule of Criminal Procedure 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 21 U.S.C. § 853(n). The property is authorized to be held by the
Federal Bureau of Investigation 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

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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 petition-
ers’ acquisition of the right, title, or interest, and any additional facts supporting the
petitioners’ claim and the relief sought.
Pursuant to Federal Rule of Criminal Procedure 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 con-
test the forfeiture in the ancillary proceeding. 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 Federal Rule of Criminal

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Procedure 32.2(c)(1)(A), and pursuant to Federal Rule of Criminal Procedure 32.2(c)(1)(B), dis-
covery 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 property 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 Federal Rule of
Criminal Procedure 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 Federal Rule of Criminal Procedure 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 Federal Rule of Criminal Procedure 32.2(e).
DONE and ORDERED this 9th day of August, 2021.
/s/Terry F. Moorer
TERRY F. MOORER
UNITED STATES DISTRICT JUDGE