Petition for Writ of Certiorari — Mario Keeream Jackson, Petitioner v. United States

Case: 24-1245

Document: 41-1

Filed: 02/03/2025

Page: 1

UNITED STATES COURT OF APPEALS

FOR THE SIXTH CIRCUIT

100 EAST FIFTH STREET, ROOM 540

POTTER STEWART U.S. COURTHOUSE

CINCINNATI, OHIO 45202-3988

Kelly L. Stephens

Clerk

Tel. (513) 564-7000

www.ca6.uscourts.gov

Filed: February 03, 2025

Mr. Mark Steven Bilkovic

Ms. Barbara Lanning

Office of the U.S. Attorney

Eastern District of Michigan

211 W. Fort Street, Suite 2001

Detroit, MI 48226

Mr. Manuel B. Russ

340 21st Avenue, N.

Nashville, TN 37203

Re: Case No. 24-1245, USA v. Mario Jackson

Originating Case No. : 2:19-cr-20425-1

Dear Counsel,

The Court issued the enclosed opinion today in this case.

Enclosed are the court’s unpublished opinion and judgment, entered in conformity with Rule

36, Federal Rules of Appellate Procedure.

Sincerely yours,

s/Cathryn Lovely

Opinions Deputy

cc: Ms. Kinikia D. Essix

Enclosures

Mandate to issue

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NOT RECOMMENDED FOR PUBLICATION

File Name: 25a0062n.06

No. 24-1245

UNITED STATES COURT OF APPEALS

FOR THE SIXTH CIRCUIT

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UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v.

MARIO KEEREAM JACKSON,

Defendant-Appellant.

FILED

Feb 03, 2025

KELLY L. STEPHENS, Clerk

ON APPEAL FROM THE

UNITED STATES DISTRICT

COURT FOR THE EASTERN

DISTRICT OF MICHIGAN

OPINION

Before: SUTTON, Chief Judge; KETHLEDGE and MURPHY, Circuit Judges.

KETHLEDGE, Circuit Judge. A jury convicted Mario Jackson of four armed robberies in

the Detroit area. Jackson now appeals the district court’s denial of his pretrial motions to suppress,

his motion to exclude the government’s trial expert, and his post-trial motion for a competency

hearing. We affirm.

I.

In December 2018, the FBI began to investigate a string of armed robberies of Walgreens

stores around Detroit. Agents soon determined they were after a single suspect: for each robbery,

footage from security cameras showed a suspect opening a cooler door, climbing through it to the

room behind, lying in wait there, and eventually forcing an employee to open a safe at gunpoint.

In one of the robberies, the suspect stole substantial amounts of prescription drugs (mostly

opioids). A video from one robbery showed that the suspect had a cellphone, so the agents

obtained a search warrant for cell-tower records that might show whether any phones had been

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No. 24-1245, United States v. Jackson

present near more than one of the robberies. Those records showed that one phone—assigned to

(313) 742-1482—had been near two of the stores when they were robbed.

Several law

enforcement databases linked that number to Mario Jackson.

In April 2019, agents obtained a second search warrant—this time for the historicallocation and call records of Jackson’s phone specifically. These records showed that Jackson’s

phone had been near three of the four robberies when they occurred. This data also helped the

agents identify Jackson’s likely home address, where they later watched him use a key to enter the

home.

Agents then obtained and executed a search warrant for the home, where they seized

Jackson’s cellphone and found clothing that matched what the suspect had been wearing in several

of the security videos. The agents also found a loaded handgun in the attic. Jackson was home

when the agents executed the warrant, so they arrested him.

A federal grand jury later indicted Jackson on robbery, drug, and firearms charges. Jackson

challenged the warrants to obtain cellphone records and the warrant to search his home. He also

moved to exclude expert testimony regarding the cell-tower data that placed his phone near several

of the robberies. The court denied all those motions. While the case was pending, the government

learned that a prison inmate had placed several calls to Jackson’s phone. During one call, Jackson

told the inmate that he was at the Rolex store in Somerset Mall in Troy. Video footage from the

mall showed Jackson inside a jewelry store, using the phone—which was further proof that the

phone (whose records agents had obtained) was his. Jackson moved to exclude those recordings

and videos, but the court denied his motion. Eventually—after a six-day trial at which Jackson

testified—the jury convicted him on all counts.

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No. 24-1245, United States v. Jackson

Before sentencing, Jackson moved for a competency hearing. The district court denied the

motion based on its interactions with Jackson during pretrial hearings and at trial. The court later

sentenced Jackson to 336 months in prison. This appeal followed.

II.

“When a party comes to us with nine grounds for reversing the district court, that usually

means there are none.” Fifth Third Mortg. Co. v. Chicago Title Ins. Co., 692 F.3d 507, 509 (6th

Cir. 2012). Such is the case with the litany of arguments here.

A.

Jackson makes six arguments regarding the district court’s denial of his motions to

suppress. We review the district court’s factual findings for clear error and its legal conclusions

de novo. United States v. Pacheco, 841 F.3d 384, 389 (6th Cir. 2016).

Jackson argues that the warrant for cell-tower records was invalid because, he says, the

affiant omitted facts regarding the data’s precision as to the phone’s location. A warrant is invalid

if the affiant intentionally or recklessly omitted information that would have “undermined the

showing of probable cause.” United States v. Carpenter, 360 F.3d 591, 597 (6th Cir. 2004) (en

banc) (emphasis omitted). Jackson had made no attempt to show such intent or recklessness here,

so we reject this argument. See, e.g., United States v. Fowler, 535 F.3d 408, 415 (6th Cir. 2008).

Jackson also makes two arguments that are derivative of arguments we reject here. To wit,

he argues that the warrant to search his phone records was a poisonous fruit of the warrant to search

the cell-tower records. But (per the above) we rejected his argument as to the search of those

records, so we reject his argument as to the phone records too. And that in turn defeats his next

argument, which is that the search of his home was unlawful because it was based on the search

of the phone records. We reject this argument.

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No. 24-1245, United States v. Jackson

That leaves two other arguments regarding the validity of the warrant to search Jackson’s

home. First, as to that warrant, the affiant explained that agents had found a glove at the scene of

one of the robberies and that “a female was the main contributor of the DNA along with two other

unknown male contributors.” Jackson says that statement inaccurately implied that Jackson was

one of the “unknown male contributors.” But he has not shown that the statement itself is false,

much less intentionally or recklessly so. We therefore reject this argument. See United States v.

Ardd, 911 F.3d 348, 353-54 (6th Cir. 2018). Likewise meritless is his argument that the affiant

“neglected to inform the magistrate” that Jackson had gotten a new phone—and thus, he says, was

no longer in possession of the “target cell phone” described in the affidavit. The affiant defined

“target cell phone” as “the cellular device associated with” Jackson’s phone number. Thus, when

Jackson connected a new phone to his existing phone number, that new phone became the “target

cell phone.”

Jackson also challenges the denial of his motion to suppress the recordings of his calls with

the prison inmate, and the videos that agents found as a result of them. Suffice it to say that Jackson

had no expectation of privacy in those phone calls—not least because they began with a recording

that told him the calls were “subject to recording and monitoring.” See, e.g., United States v.

Hadley, 431 F.3d 484, 489 (6th Cir. 2005).

B.

Jackson next challenges the admission of certain expert testimony elicited by the

government at trial. That testimony concerned the cell-tower data that the agents used to put

Jackson’s phone in proximity to some of the robberies. Jackson did not object to the expert’s

testimony at trial, so we review its admission for plain error. See United States v. Poulsen, 655

F.3d 492, 510-11 (6th Cir. 2011). There was none here: Jackson argues that cell-tower data is

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No. 24-1245, United States v. Jackson

categorically unreliable as a means to identify a cellphone’s location. Suffice it to say that he has

not remotely established that proposition here.

C.

Finally, Jackson challenges the denial of his post-trial motion for a competency hearing.

“[T]he conviction of an accused person while he is legally incompetent violates due process.” Pate

v. Robinson, 383 U.S. 375, 378 (1966). A district court must hold a competency hearing if it finds

“reasonable cause to believe” that the defendant is “unable to understand the nature and

consequences of the proceedings against him or to assist properly in his defense.” 18 U.S.C.

§ 4241(a). Where, as here, the district court expressly finds the defendant to be competent, we

review for clear error. Mackey v. Dutton, 217 F.3d 399, 407, 412-13 (6th Cir. 2000).

Jackson argues that the district court had reasonable cause to doubt his competency because

Jackson chose to wear his jail uniform and shackles while testifying. But the district court found

Jackson to be competent based on its interactions with him before and during the trial. The court

thus viewed Jackson’s choice as a calculated gamble, rather than evidence that he was incompetent

to stand trial. Suffice it to say that the record supports that determination.

*

*

The district court’s judgment is affirmed.

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*

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Page: 1

UNITED STATES COURT OF APPEALS

FOR THE SIXTH CIRCUIT

No. 24-1245

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

FILED

Feb 03, 2025

v.

KELLY L. STEPHENS, Clerk

MARIO KEEREAM JACKSON,

Defendant - Appellant.

Before: SUTTON, Chief Judge; KETHLEDGE and MURPHY, Circuit Judges.

JUDGMENT

On Appeal from the United States District Court

for the Eastern District of Michigan at Detroit.

THIS CAUSE was heard on the record from the district court and was submitted on the briefs

without oral argument.

IN CONSIDERATION THEREOF, it is ORDERED that the judgment of the district court is

AFFIRMED.

ENTERED BY ORDER OF THE COURT

Kelly L. Stephens, Clerk

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Case 2:19-cr-20425-BAF-APP ECF No. 208, PageID.2374 Filed 03/15/24 Page 1 of 8

UNITED STATES DISTRICT COURT

Eastern District of Michigan

UNITED STATES OF AMERICA

v.

Mario Keeream Jackson

§

§

§

§

§

§

§

JUDGMENT IN A CRIMINAL CASE

Case Number: 0645 2:19CR20425 (1)

USM Number: 57679-039

Mark H. Magidson

Defendant’s Attorney

THE DEFENDANT:

☐ pleaded guilty to count(s)

pleaded nolo contendere to count(s) which was

☐ accepted by the court

was found guilty on count(s) after a plea of not

☒ guilty

1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12 of the Superseding Indictment

The defendant is adjudicated guilty of these offenses:

Title & Section / Nature of Offense

18 U.S.C. § 1951(a), Interference with Commerce by Robbery

18 U.S.C. § 924(c), Use of a Firearm During and in Relation to a Crime of Violence

18 U.S.C. § 1951(a), Interference with Commerce by Robbery

18 U.S.C. § 924(c), Use of a Firearm During and in Relation to a Crime of Violence

Offense Ended

11/25/2018

11/25/2018

12/5/2018

12/5/2018

Count

1S

2S

3S

4S

The defendant is sentenced as provided in pages 2 through 9 of this judgment. The sentence is imposed pursuant to the Sentencing

Reform Act of 1984.

☐ The defendant has been found not guilty on count(s)

☒ Count 6 of the Indictment and Count 6s of the Superseding Indictment ☒ are dismissed on the motion of the United States

It is ordered that the defendant must notify the United States attorney for this district within 30 days of any change of name,

residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. If

ordered to pay restitution, the defendant must notify the court and United States attorney of material changes in economic

circumstances.

3/12/2024

Date of Imposition of Judgment

s/Bernard A. Friedman

The Honorable Bernard A. Friedman

Senior United States District Judge

Name and Title of Judge

March 15, 2024

Date

Case 2:19-cr-20425-BAF-APP ECF No. 208, PageID.2375 Filed 03/15/24 Page 2 of 8

AO 245B (Rev. 09/18) Judgment in a Criminal Case

DEFENDANT:

CASE NUMBER:

Judgment -- Page 2 of 8

Mario Keeream Jackson

0645 2:19CR20425 (1)

ADDITIONAL COUNTS OF CONVICTION

Title & Section / Nature of Offense

Offense Ended

Count

18 U.S.C. § 1951(a), Interference with Commerce by Robbery - Attempt

12/29/2018

5S

18 U.S.C. § 1951(a), Interference with Commerce by Robbery

12/29/2018

7S

18 U.S.C. § 924(c), Use of a Firearm During and in Relation to a Crime of Violence

12/29/2018

8S

18 U.S.C. § 1951(a), Interference with Commerce by Robbery

03/28/2019

9S

18 U.S.C. § 924(c), Use of a Firearm During and in Relation to a Crime of Violence

03/28/2019

10S

18 U.S.C. § 2118(b), Entering Premises of DEA-Registered Pharmacy with Intent to Steal

Controlled Substances

03/28/2019

11S

18 U.S.C. § 922(g)(1), Possession of a Firearm by a Convicted Felon

05/02/2019

12S

Case 2:19-cr-20425-BAF-APP ECF No. 208, PageID.2376 Filed 03/15/24 Page 3 of 8

AO 245B (Rev. 09/18) Judgment in a Criminal Case

DEFENDANT:

CASE NUMBER:

Judgment -- Page 3 of 8

Mario Keeream Jackson

0645 2:19CR20425 (1)

IMPRISONMENT

The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of

One Day, per Count, as to Counts 1, 3, 5, 7, 9, 11 and 12 to run concurrent to each other; and 84 months, per count, as to

Counts 2, 4, 8, and 10, to run consecutive to all other Counts for a total of 336 months and one day, to run consecutive to the

defendant’s undischarged terms of imprisonment out of the 3rd Circuit Court, Docket Numbers 12-004436-01-FH and 14006836-01-FH. The cost of incarceration is waived.

☒ The court makes the following recommendations to the Bureau of Prisons:

-

Designation to an institution with a comprehensive mental health treatment program.

☒ The defendant is remanded to the custody of the United States Marshal.

☐ The defendant shall surrender to the United States Marshal for this district:

☐ at

☐

a.m.

☐

p.m.

on

☐ as notified by the United States Marshal.

☐ The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:

☐ before 2 p.m. on

☐ as notified by the United States Marshal.

☐ as notified by the Probation or Pretrial Services Office.

RETURN

I have executed this judgment as follows:

Defendant delivered on to

at, with a certified copy of this judgment.

UNITED STATES MARSHAL

By

DEPUTY UNITED STATES MARSHAL

Case 2:19-cr-20425-BAF-APP ECF No. 208, PageID.2377 Filed 03/15/24 Page 4 of 8

AO 245B (Rev. 09/18) Judgment in a Criminal Case

DEFENDANT:

CASE NUMBER:

Judgment -- Page 4 of 8

Mario Keeream Jackson

0645 2:19CR20425 (1)

SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on supervised release for a term of three years, per Count, to run

concurrently. The cost of supervised release is waived.

MANDATORY CONDITIONS

1.

You must not commit another federal, state or local crime.

2.

You must not unlawfully possess a controlled substance.

3.

You must refrain from any unlawful use of a controlled substance. You must submit to one drug test within 15 days of

release from imprisonment and at least two periodic drug tests thereafter, as determined by the court.

☐ The above drug testing condition is suspended, based on the court's determination that you

pose a low risk of future substance abuse. (check if applicable)

4.

☒ You must make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute authorizing a sentence

of restitution. (check if applicable)

5.

☒ You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)

6. ☐ You must comply with the requirements of the Sex Offender Registration and Notification Act (34 U.S.C. § 20901, et

7.

☐

seq.)

as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in which you

reside, work, are a student, or were convicted of a qualifying offense. (check if applicable)

You must participate in an approved program for domestic violence. (check if applicable)

The defendant must comply with the standard conditions that have been adopted by this court as well as with any

additional conditions on the attached page.

Case 2:19-cr-20425-BAF-APP ECF No. 208, PageID.2378 Filed 03/15/24 Page 5 of 8

AO 245B (Rev. 09/18) Judgment in a Criminal Case

DEFENDANT:

CASE NUMBER:

Judgment -- Page 5 of 8

Mario Keeream Jackson

0645 2:19CR20425 (1)

STANDARD CONDITIONS OF SUPERVISION

As part of your supervised release, you must comply with the following standard conditions of supervision. These conditions are

imposed because they establish the basic expectations for your behavior while on supervision and identify the minimum tools needed

by probation officers to keep informed, report to the court about, and bring about improvements in your conduct and condition.

1. You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of your

release from imprisonment, unless the probation officer instructs you to report to a different probation office or within a different time

frame.

2. After initially reporting to the probation office, you will receive instructions from the court or the probation officer about how and

when you must report to the probation officer, and you must report to the probation officer as instructed.

3. You must not knowingly leave the federal judicial district where you are authorized to reside without first getting permission from

the court or the probation officer.

4. You must answer truthfully the questions asked by your probation officer.

5. You must live at a place approved by the probation officer. If you plan to change where you live or anything about your living

arrangements (such as the people you live with), you must notify the probation officer at least 10 days before the change. If notifying

the probation officer in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72

hours of becoming aware of a change or expected change.

6. You must allow the probation officer to visit you at any time at your home or elsewhere, and you must permit the probation officer

to take any items prohibited by the conditions of your supervision that he or she observes in plain view.

7. You must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer excuses you from

doing so. If you do not have full-time employment you must try to find full-time employment, unless the probation officer excuses

you from doing so. If you plan to change where you work or anything about your work (such as your position or your job

responsibilities), you must notify the probation officer at least 10 days before the change. If notifying the probation officer at least 10

days in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of

becoming aware of a change or expected change.

8. You must not communicate or interact with someone you know is engaged in criminal activity. If you know someone has been

convicted of a felony, you must not knowingly communicate or interact with that person without first getting the permission of the

probation officer.

9. If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours.

10. You must not own, possess, or have access to a firearm, ammunition, destructive device, or dangerous weapon (i.e., anything that

was designed, or was modified for, the specific purpose of causing bodily injury or death to another person such as nunchakus or

tasers).

11. You must not act or make any agreement with a law enforcement agency to act as a confidential human source or informant

without first getting the permission of the court.

12. If the probation officer determines that you pose a risk to another person (including an organization), the probation officer may

require you to notify the person about the risk and you must comply with that instruction. The probation officer may contact the

person and confirm that you have notified the person about the risk.

13. You must follow the instructions of the probation officer related to the conditions of supervision.

U.S. Probation Office Use Only

A U.S. probation officer has instructed me on the conditions specified by the court and has provided me with a

written copy of this judgment containing these conditions. I understand additional information regarding these

conditions is available at the www.uscourts.gov.

Defendant’s Signature

Date

Case 2:19-cr-20425-BAF-APP ECF No. 208, PageID.2379 Filed 03/15/24 Page 6 of 8

AO 245B (Rev. 09/18) Judgment in a Criminal Case

DEFENDANT:

CASE NUMBER:

Judgment -- Page 6 of 8

Mario Keeream Jackson

0645 2:19CR20425 (1)

SPECIAL CONDITIONS OF SUPERVISION

You must submit to a psychological/psychiatric evaluation as directed by the probation officer.

You must participate in a mental health treatment program and follow the rules and regulations of that program. The probation officer

in consultation with the treatment provider, will supervise your participation in the program (provider, location, modality, duration,

intensity, etc.).

If the judgment imposes a financial penalty, you must pay the financial penalty. You must also notify the court of any changes in

economic circumstances that might affect the ability to pay this financial penalty.

You must not incur new credit charges, or open additional lines of credit without the approval of the probation officer.

You must provide the probation officer with access to any requested financial information and authorize the release of any financial

information. The probation office may share financial information with the U.S. Attorney’s Office.

Case 2:19-cr-20425-BAF-APP ECF No. 208, PageID.2380 Filed 03/15/24 Page 7 of 8

AO 245B (Rev. 09/18) Judgment in a Criminal Case

DEFENDANT:

CASE NUMBER:

Judgment -- Page 7 of 8

Mario Keeream Jackson

0645 2:19CR20425 (1)

CRIMINAL MONETARY PENALTIES

The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.

JVTA Assessment*

Fine

Assessment

TOTALS

$1,100.00

N/A

Waived

Restitution

$34,405.00

☐ The determination of restitution is deferred until An Amended Judgment in a Criminal Case (AO245C) will be entered after

☒

such determination.

The defendant must make restitution (including community restitution) to the following payees in the amount listed below.

Victim

Walgreens Recovery

104 Wilmot Road MS#1450

Deerfield, Illinois 60015

Amount

$34,405.00

If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment. However, pursuant to 18 U.S.C.

§ 3664(i), all nonfederal victims must be paid before the United States is paid.

☐ Restitution amount ordered pursuant to plea agreement $

☐ The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full before

☒

the fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options on Sheet 6 may be

subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).

The court determined that the defendant does not have the ability to pay interest and it is ordered that:

☒ the interest requirement is waived for the

☐ fine

☒ restitution

☐ the interest requirement for the

☐ fine

☐ restitution is modified as follows:

* Justice for Victims of Trafficking Act of 2015, Pub. L. No. 114-22

** Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses committed on or after

September 13, 1994, but before April 23, 1996.

Case 2:19-cr-20425-BAF-APP ECF No. 208, PageID.2381 Filed 03/15/24 Page 8 of 8

AO 245B (Rev. 09/18) Judgment in a Criminal Case

DEFENDANT:

CASE NUMBER:

Judgment -- Page 8 of 8

Mario Keeream Jackson

0645 2:19CR20425 (1)

SCHEDULE OF PAYMENTS

Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties is due as follows:

A

☒ Lump sum payments of $1,100.00 (Special Assessment) due immediately, balance due

☐ not later than

☐ in accordance

, or

☐

C,

☐

D,

☐

E, or

☐

F below; or

☐

C,

☐

D, or

B

☒ Payment to begin immediately (may be combined with

C

☐ Payment in equal (e.g., weekly, monthly, quarterly) installments of $ over a period of

☒

F below); or

(e.g., months or years), to commence (e.g., 30 or 60 days) after the date of this judgment; or

D

☐ Payment in equal (e.g., weekly, monthly, quarterly) installments of $ over a period of

(e.g., months or years), to commence (e.g., 30 or 60 days) after release from imprisonment to a term of supervision; or

E

☐ Payment during the term of supervised release will commence within (e.g., 30 or 60 days) after release from

imprisonment. The court will set the payment plan based on an assessment of the defendant’s ability to pay at that time;

or

F

☒ Special instructions regarding the payment of criminal monetary penalties:

You must make monthly installment payments on any remaining balance of the restitution or special assessment

at a rate and schedule recommended by the probation department and approved by the Court.

While in custody, the defendant shall participate in the Inmate Financial Responsibility Program (IFRP). The

Court is aware of the requirements of the IFRP and approves the payment schedules of this program and hereby

orders the defendant’s compliance.

Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is

due during imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons’

Inmate Financial Responsibility Program, are made to the clerk of the court.

The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.

☐ Joint and Several

Restitution is joint and several with the following co-defendants and/or related cases, in the amount specified below:

Defendant and Co-Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and Several Amount,

and corresponding payee, if appropriate.

☐ Defendant shall receive credit on «dft_his_her» restitution obligation for recovery from other defendants who contributed to

the same loss that gave rise to defendant's restitution obligation.

The defendant shall pay the cost of prosecution.

☐

☐ The defendant shall pay the following court cost(s):

☒ The defendant shall forfeit the defendant’s interest in the following property to the United States:

Pursuant to 18 U.S.C. § 924(d) and 28 U.S.C. § 2461(c), Defendant shall forfeit the following property to the United

States: One Glock GMBH, Model: 22, SN: APG881US; One round of miscellaneous ammunition; and One box of

ammunition. (ECF No. 207, PageID.2370)

Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) fine principal,

(5) fine interest, (6) community restitution, (7) JVTA Assessment, (8) penalties, and (9) costs, including cost of prosecution and court costs.