United States District Court, E.D. Michigan, Southern Division
PRELIMINARY ORDER OF FORFEITURE
MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE.
Second Superseding Indictment was filed on or about October
4, 2017, which charged Defendant James M. Elbert, III with
violating 18 U.S.C. § 922(g)(1) (Count Five: Felon in
Possession of Ammunition).
October 25, 2017, Defendant James M. Elbert, III
(“Defendant”) entered into a Rule 11 Plea
Agreement, wherein he pled guilty to violating 18 U.S.C.
§ 922(g) as alleged in Count Five of the Second
in his Rule 11 Plea Agreement and pursuant to 18 U.S.C.
§ 924 together with 28 U.S.C. § 2461(c), Defendant
agreed to the forfeiture of the following item(s):
• Two rounds of .40 caliber ammunition manufactured by
Cascade Cartridge, Inc., and one round of .40 caliber
ammunition manufactured by Winchester Ammunition Company; and
• One Kel Tec, Model PF-9, 9mm caliber, semi-automatic
pistol, Serial No. RQ221
(hereinafter referred to as the “Subject
Rule 11 Plea Agreement, Defendant agreed to the Court's
entry of a Preliminary Order of Forfeiture incorporating the
forfeiture of the Subject Property upon application by the
United States at, or any time before, his sentencing in this
THEREFORE, pursuant to 18 U.S.C. § 924
together with 28 U.S.C. § 2461(c) and Fed.R.Crim.P.
32.2, and based upon Defendant's guilty plea to Count
Five of the Second Superseding Indictment, the contents of
Defendant's Rule 11 Plea Agreement, the Government's
Application for Entry of Preliminary Order of Forfeiture, and
other information in the record, IT IS HEREBY
ORDERED, ADJUDGED AND DECREED THAT
Defendant shall forfeit to the United States (a) any and all
interest Defendant has acquired or maintained in violation of
18 U.S.C. § 922(g) as described in
Count Five of the Second Superseding Indictment, which
includes the Subject Property.
Pursuant to 18 U.S.C. § 924, the Subject Property
IS HEREBY FORFEITED to the United States for
disposition according to law, and any right, title or
interest of Defendant, and any right, title or interest that
his heirs, successors, or assigns, have or may have in the
Subject Property IS HEREBY AND FOREVER
Court has determined, based upon the indictment and
agreements contained in Defendant's Rule 11 plea
agreement, and other information in the record, that there is
a sufficient nexus between the Subject Property and
Order shall become final as to Defendant at the time it is
entered and the forfeiture shall be made part of
Defendant's sentence and included in Defendant's
entry of this Preliminary Order of Forfeiture, the United
States Attorney General or his designee is authorized to
commence any applicable proceeding to comply with the
statutes governing ...