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United States v. Mathews-Amos

United States District Court, D. Nevada

October 2, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
BEAU MATHEWS-AMOS, Defendant.

          PRELIMINARY ORDER OF FORFEITURE

          HONORABLE MIRANDA M. DU UNITED STATES DISTRICT JUDGE.

         This Court finds Beau Mathews-Amos was found guilty of Counts Two and Three (referred to as Counts One and Two) of a Three-Count Superseding Indictment charging him in Count Two with felon in possession of ammunition in violation of 18 U.S.C. § 922(g)(1) and in Count Three with possession of an unregistered firearm in violation of 26 U.S.C. §§ 5841 and 5861(d). Superseding Indictment, ECF No. 26; Minutes of Jury Trial, ECF No. 108; Jury Verdict, ECF No. 109; Clerk's Judgment, ECF No. 113.

         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 Bill of Particulars and the Forfeiture Allegation of the Superseding Indictment and the offenses to which Beau Mathews-Amos was found guilty. Superseding Indictment, ECF No. 26; Bill of Particulars, ECF No. 50; Minutes of Jury Trial, ECF No. 108; Jury Verdict, ECF No. 109; Clerk's Judgment, ECF No. 113.

         The following property is (1) any firearm or ammunition involved in or used in any knowing violation of 18 U.S.C. § 922(g)(1), or any violation of any other criminal law of the United States, 26 U.S.C. §§ 5841 and 5861(d) and (2) any firearm involved in any violation of 26 U.S.C. §§ 5841 and 5861(d), and is subject to forfeiture pursuant to 18 U.S.C. § 924(d)(1) with 28 U.S.C. § 2461(c) and 26 U.S.C. § 5872 with 28 U.S.C. § 2461(c):

1. Volunteer Arms Company, 12-gauge weapon made from a shotgun, SN:13496;
2. 1 round of ammunition: a Remington 12-gauge shotgun shell; and
3. any and all ammunition

(all of which constitutes property).

         This Court finds that the United States of America may amend this order at any time to add subsequently located property or substitute property to the forfeiture order pursuant to Fed. R. Crim. P. 32.2(b)(2)(C) and 32.2(e).

         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 Beau Mathews-Amos in the aforementioned property are forfeited and are vested in the United States of America and shall be safely held by the United States of America until further order of the Court.

         IT IS FURTHER ORDERED, ADJUDGED, AND DECREED the United States of America shall publish for at least thirty (30) consecutive days on the official internet government forfeiture website, www.forfeiture.gov, notice of this Order, which shall describe the forfeited property, state the time under the applicable statute when a petition contesting the forfeiture must be filed, and state the name and contact information for the government attorney to be served with the petition, pursuant to Fed. R. Crim. P. 32.2(b)(6) and 21 U.S.C. § 853(n)(2).

         IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that any individual or entity who claims an interest in the aforementioned property must file a petition for a hearing to adjudicate the validity of the petitioner's alleged interest in the property, which petition shall be signed by the petitioner under penalty of perjury pursuant to 21 U.S.C. § 853(n)(3) and 28 U.S.C. § 1746, and shall set forth the nature and extent of the petitioner's right, ...


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