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200400834 <br />IN THE UNITED STATES DISTRICT COURT <br />FOR THE DISTRICT OF NEBRASKA <br />UNITED STATES OF AMERICA, <br />FILED <br />U.S. DISTRICT COURT <br />DISTRT <br />r9i DrC 22 PM 4: 18 <br />i_ERK <br />Plaintiff, ) 4:03CR3018 <br />VS. ) <br />PRELIMINARY ORDER <br />JAMES D. SWANSON, ) OF FORFEITURE <br />Defendant. } <br />NOW ON THIS - day of December, 2003, this matter comes on before the Court <br />upon the United States' Motion for Issuance of Preliminary Order of Forfeiture and Memorandum <br />Brief. The Court reviews the record in this case and, being duly advised in the premises, finds as <br />follows: <br />1. In Count II of the Superseding Indictment filed in this case, the United States seeks <br />forfeiture of specific property of the Defendant, pursuant to 21 U.S.C., § 853, as said property was <br />used or was intended to be used to facilitate unlawful controlled substances activities and/or was <br />derived from proceeds obtained directly or indirectly as a result of the commission of said controlled <br />substance violation. <br />2. The Defendant has entered into a Plea Agreement, whereby he has agreed to plead guilty <br />to Counts I and II of said Superseding Indictment. Count I of said Superseding Indictment charges <br />the Defendant with conspiracy to distribute and possession with intent to distribute <br />methamphetamine, in violation of 21 U. S.C. § 846. Count II of said Superseding Indictment charges <br />