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United States v. Ponthieux

United States District Court, D. Nevada

February 2, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
TYRONE PAUL PONTHIEUX, Defendant.

          AMENDED PRELIMINARY ORDER OF FORFEITURE

         This Court finds that defendant Tyrone Paul Ponthieux pled guilty to Counts One and Two of a Two-Count Criminal Indictment charging him in Count One with Threats Against the President of the United States in violation of Title 18, United States Code, Section 871(a) and in Count Two with Threats Against a Federal Official in violation of Title 18, United States Code, Section 115(a)(1)(b). Criminal Indictment, ECF No. 22; Plea Agreement, ECF No. 32; Change of Plea, ECFNo. 37.

         This Court finds defendant Tyrone Paul Ponthieux agreed to the forfeiture of the property set forth in the Plea Agreement. Criminal Indictment, ECF No. 22; Plea Agreement, ECF No. 32; Change of Plea, ECF No. 37.

         This Court finds, pursuant to Fed. R. Crim. P. 32.2(b)(1) and (2), the United States of America has shown the requisite nexus between property set forth in the Plea Agreement and the offenses to which defendant Tyrone Paul Ponthieux pled guilty.

         The following property is (1) any firearm or ammunition involved in or used in any knowing violation of any other criminal law of the United States, Title 18, United States Code, Sections 871(a) and 115(a)(1)(b); and (2) any firearm or ammunition intended to be used in violation of any crime of violence, Title 18, United States Code, Section 871(a) and 115(a)(1)(b) and are subject to forfeiture pursuant to Title 18, United States Code, Section 924(d)(1) with Title 28, United States Code, Section 2461(c) and Title 18, United States Code, Section 924(d)(1), (2)(C), and (3)(A) with Title 28, United States Code, Section 2461(c):

1. Windam Weaponry, Inc., WW-15 .223 Caliber Rifle, serial number WW078387;
2. Sturm Ruger, .223 Caliber Ranch Rifle, serial number 583-05498;
3. BOITO / ER AMANTINO / IGA Coach Gun, 20 Gauge Side by Side Shotgun, serial number C701066-13;
4. Marlin 882SS, .22 Caliber Rifle, serial number 01292842;
5. Beretta 92FS, 9mm Pistol, serial number BER649032;
6. Marlin 444SS, .444 Caliber Rifle, serial number 10002851; and
7. Beretta PX4 Storm, 9mm Pistol, serial number PX171060 (all of which constitutes property).

         This Court finds the United States of America is now entitled to, and should, reduce the aforementioned property to the possession of the United States of America.

         NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the United States of America should seize the aforementioned property.

         IT IS FURTHER ORDERED, ADJUDGED, AND DECREED all possessory rights, ownership rights, and all rights, titles, and interests of Tyrone Paul Ponthieux in the aforementioned property is forfeited and is vested in the United States of America and shall be ...


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