4:22-cr-00087
E.D. Mo.Aug 4, 2025Background
- The FBI conducted controlled drug purchases from Garvis King and searched his St. Louis residence in March 2020, seizing cash, drugs, firearms, and ammunition.
- King was indicted for multiple drug and firearm offenses and later pled guilty, agreeing to forfeit certain property seized during the investigation.
- A Preliminary Order of Forfeiture was entered, extinguishing King's interest in various items, including cash, firearms, and ammunition.
- Jamesha Brown, present during the search, filed a pro se petition claiming ownership of some seized property (cash, firearms, and ammunition), stating she told law enforcement they were hers and noting financial hardship, but provided few details or evidence.
- The United States moved for partial dismissal of Brown's third-party claim, arguing insufficient factual support under 21 U.S.C. § 853(n)(3); Brown did not respond to the motion.
Issues
| Issue | Plaintiff's Argument | Defendant's (Brown's) Argument | Held |
|---|---|---|---|
| Sufficiency of claim under 21 U.S.C. § 853(n)(3) | Brown's petition lacks required factual detail | Claimed ownership based on possession and purchase | Brown's claim is statutorily insufficient and dismissed |
| Ownership of specific firearms | Brown lacks receipts or trace for some firearms | She purchased, and has receipts, for firearms | Ownership of two firearms conceded, but not the Draco pistol |
| Ownership of cash, magazines, ammunition | No facts provided showing Brown's interest | Asserted possession without specifics | Brown's claim to these items dismissed with prejudice |
| Standing and legal interest in forfeited property | Brown did not allege facts to establish standing | Asserted, but not substantiated, her interest | No standing or legal interest found for disputed items |
Key Cases Cited
- United States v. White, 675 F.3d 1073 (8th Cir. 2012) (setting the standard for reviewing sufficiency of third-party petitions in criminal forfeitures)
- United States v. Caruthers, 765 F.3d 843 (8th Cir. 2014) (affirming dismissal of third-party claims that fail to meet § 853(n)(3) pleading requirements)
- Mercado v. U.S. Customs Serv., 873 F.2d 641 (2d Cir. 1989) (requiring more than a mere claim of possession to establish a legal interest in forfeited property)