United States District Court, D. South Carolina, Florence Division
PRELIMINARY ORDER OF FORFEITURE
BRYAN HARWELL, UNITED STATES DISTRICT JUDGE.
matter is before the Court on the Motion of the United States
for a Preliminary Order of Forfeiture as to Defendant Timothy
A. Alston (“Alston”, “Defendant”),
based upon the following:
January 23, 2018, an Indictment was filed charging Alston
with being a felon in possession of a firearm, in violation
of 18 U.S.C. § 922(g)(1).
Pursuant to Fed. R. Crim. P. 32.2(a), the Indictment
contained a notice of forfeiture providing that upon
Alston's conviction, certain properties enumerated
therein, or equivalent substitute assets, would be subject to
forfeiture to the United States. As specified, such assets
include, but are not limited to the following:
SCCY Model CPX-2 9mm handgun
(Serial Number 146328)
Asset ID: 18-ATF-015106
Miscellaneous rounds of 9mm ammunition
Asset ID: 18-ATF-015109
April 17, 2018, Alston pled guilty to the being a felon in
possession of a firearm, in violation of 18 U.S.C. §
922(g)(1) and agreed to voluntarily abandon all right, title,
interest and claim in the firearm and ammunition.
Based on the Defendant's conviction and other matters of
record, the Court has determined that Alston has an interest
in the below-described property, and that the property is
subject to forfeiture to the United States pursuant to 18
U.S.C. § 924(d), and 28 U.S.C. § 2461(c).
Court has determined that the Government has established the
requisite nexus between the said property subject to
forfeiture and the offense for which Alston has been
convicted; therefore, the United States is entitled to a
Preliminary Order of Forfeiture, ...