USA v. Waits

Filing 37

Order on Motion for Forfeiture of Property

TIMOTHY M. BURGESS
United States Attorney
DAVID A. NESBETT
Special Assistant U.S. Attorney
JAMES BARKELEY
Assistant U.S. Attorney
Federal Building & U.S. Courthouse
222 W. 7 th Avenue, #9, Room 253
Anchorage, AK 99513-7567
Phone: [phone]
Fax: [phone]
[e-mail]
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
UNITED STATES OF AMERICA,
Plaintiff,
v.
DAVID GLENN WAITS,
Defendant.

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Case No. 1:05-cr-009-JWS
PRELIMINARY ORDER OF
FORFEITURE

Pursuant to Fed. R. Crim. P. 32.2(b) and based upon the defendant DAVID GLENN
WAITS’ December 28, 2005 guilty pleas to Counts 1 and 2 of the Indictment (including
Criminal Forfeiture Count 2), and the Court’s acceptance of the defendant’s guilty pleas, the
Court finds that in light of the defendant’s conviction of Count 1 of the Indictment, the
defendant’s interest, if any, in one WESTERN FIELD, MODEL 712, .30-.30 CALIBER
RIFLE, SERIAL NUMBER 212445, described in Count 2, is property constituting firearms

or ammunition involved in or used in the commission of such violation, thereby rendering
said property subject to forfeiture under 18 U.S.C. § 924(d)(1).
THEREFORE, IT IS HEREBY ORDERED, ADJUDGED and DECREED as follows:
The firearm described in Count 2 of the Indictment is condemned and forfeited to the
United States of America pursuant to 18 U.S.C. § 924; and the defendant shall forthwith
forfeit all his right, title and interest, if any, that he has in said firearm.
Pursuant to Fed. R. Crim. P. 32.2(b)(3), the Bureau of Alcohol, Tobacco, Firearms,
and Explosives (“ATF”) is authorized to seize and take possession of the aforementioned
firearm and hold such in its secure custody and control until further order of this Court, may
conduct any discovery the Court considers proper in identifying, locating, or disposing of
said property, and to commence proceedings that comply with any statutes governing thirdparty rights.
Pursuant to 21 U.S.C. § 853(n), ATF shall publish notice of this Preliminary Order
of Forfeiture and of the United States' intent to dispose of the property in such manner as the
Attorney General may direct. The notice shall be published once in each of three consecutive
weeks in the Anchorage Daily News or any other appropriate newspaper of general
circulation. The notice shall state that any person, other than the defendant, having or
claiming a legal interest in the above-listed forfeited firearm must file a petition with the
Court within 30 days of the final publication of notice or of receipt of actual notice,
whichever is earlier.
United States v. David Glenn W aits
Case No. 1:05-cr-009-JW S

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The notice shall state that the petition shall be for a hearing to adjudicate the validity
of the petitioner's alleged interest in the firearm, 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. The petition shall also set forth 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 as
substitute for published notice to any person known to have alleged an interest in the property
that is the subject of this Preliminary Order of Forfeiture. Upon adjudication of all thirdparty interests, this Court shall enter a Final Order of Forfeiture in which all interests will be
addressed.
DATED this 6 th day of January 2006.

/s/
HON. JOHN W. SEDWICK
United States District Judge

United States v. David Glenn W aits
Case No. 1:05-cr-009-JW S

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