United States District Court, E.D. Michigan, Southern Division
MATTHEW SCHNEIDER UNITED STATES ATTORNEY
SHANKAR RAMAMURTHY ASSISTANT UNITED STATES ATTORNEY
F. VASICEK THIRD-PARTY PETITIONER, PRO SE
STIPULATED CONSENT JUDGMENT AND FINAL ORDER OF
MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE
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).
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
about March 8, 2018 Defendant was sentenced and a Criminal
Judgment was entered which included the forfeiture of the
Subject Firearm. (Dkt. # 24).
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.
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).
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.
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.
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.
the United States of America, and Petitioner, in pro
per, wish to resolve this matter ...