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United States v. Jones

United States District Court, E.D. Michigan, Southern Division

April 24, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
D-1, CLELAN T. JONES, Defendant, Thomas F. Vasicek, Third-Party Petitioner,

          MATTHEW SCHNEIDER UNITED STATES ATTORNEY

          SHANKAR RAMAMURTHY ASSISTANT UNITED STATES ATTORNEY

          THOMAS F. VASICEK THIRD-PARTY PETITIONER, PRO SE

          STIPULATED CONSENT JUDGMENT AND FINAL ORDER OF FORFEITURE

          MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE

         On or about October 16, 2017, in the underlying criminal case, United States vs. Clelan T. Jones, Case No. 15-cr-20160, Defendant Clelan T. Jones pleaded guilty to Count One of the Indictment, which charged him with Felon in Possession of a Firearm, in violation of 18 U.S.C. § 922(g)(1). (Case No. 15-cr-20160, Dkt. No. 22).

         The Court entered a Preliminary Order of Forfeiture (POF) against Defendant on January 31, 2018, (Case No. 15-cr-20160, Dkt. No. 24), forfeiting to the United States One (1) Glock Inc., 23 Pistol, CAL:40, Serial Number: CZL680US (hereinafter “Subject Firearm”).

         On or about March 8, 2018 Defendant was sentenced and a Criminal Judgment was entered which included the forfeiture of the Subject Firearm. (Dkt. # 24).

         As provided in the Order of Forfeiture, the Government, pursuant to 21 U.S.C. § 853(n), Rule 32.2 of the Federal Rules of Criminal Procedure, and other applicable rules, published notice of the POF on www.forfeiture.gov, and provided direct written notice to all persons and entities known to have an interest in the subject property, directing that any person asserting a legal interest in the subject property must file a petition with the Court within 60 days of the first date of publication or within 30 days of receipt of actual notice, whichever is earlier.

         On or about February 26, 2018, Petitioner Thomas F. Vasicek (Petitioner) filed a petition for a hearing pursuant to 21 U.S.C. § 853(n), in which he alleged an ownership interest in the Subject Firearm, and the instant miscellaneous case was opened. (Dkt. No. 1).

         Notice and publication have been completed in the criminal case. (Case No. 15-cr-20160, Dkt No. 31). No other petitions claiming interest in the Subject Firearm have been filed by any party with the United States District Court in this judicial action, and the time for filing such pleadings has expired. Thus, forfeiture is final as to Defendant and all other potential parties.

         The Government has conducted a background investigation, including an interview of Petitioner by the ATF, and determined that it is satisfied as to the truth of Mr. Vasicek's stated ownership claim in the Subject Firearm, and that Petitioner is not currently prohibited by law from possessing the Subject Firearm.

         Mr. Vasicek acknowledges that he is aware of his rights in this forfeiture action, that he understands that he may retain an attorney to represent him, and that he has elected not to retain an attorney to represent him, and to proceed with his petition claim in this action pro se.

         Plaintiff, the United States of America, and Petitioner, in pro per, wish to resolve this matter ...


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