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United States v. Kirby

United States District Court, Sixth Circuit

June 19, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
STEPHEN E. KIRBY, II, Defendant.

PRELIMINARY ORDER OF FORFEITURE OF DEFENDANT STEPHEN E. KIRBY, II'S ASSETS

THOMAS M. ROSE, District Judge.

Upon the Motion of the United States for a Preliminary Order of Forfeiture, and the Court's review of the evidence in the record, including the Plea Agreement, the Court HEREBY FINDS THAT:

1. The Defendant plead guilty to Count One of the Indictment charging him with Distribution of Child Pornography in violation of 18 U.S.C. § 2252(a)(2) and (b) and agreed to the immediate forfeiture pursuant to 18 U.S.C. § 2253(a), of his interest in:

a. any visual depiction described in sections 2251, 2251A, 2252, 2252A, 2252B, or 2260 of Chapter 110 of Title 18 of the United States Code; which were produced, transported, mailed, shipped, or received in violation of Title 18 of the United States Code, or any book, magazine, periodical, film, video tape, or other matter which contains any such visual depiction;
b. any property, real or personal, constituting or traceable to gross profits or other proceeds obtained from such offense; and
c. any property, real or personal, used or intended to be used to commit or to promote the commission of such offense or any property traceable to such property.

2. The Defendant has an interest in the following property (hereinafter referred to as the "Subject Property"):

a. HP Pavilion dv6500 laptop, SN: CF7296WS5, containing 200GB Toshiba hard drive, SN: 67PLF0QDSAG6
b. 250GB Seagate external hard drive, SN: WM3130277575
c. 512MB Lexar USB flash drive
d. HP 2000-369WM laptop, SN: 5CB20144LD, containing 500GB Seagate hard disk drive, SN: S2SVJ9EBC03994

3. The Subject Property is forfeitable pursuant to 18 U.S.C. § 2253(a)(1) as any visual depiction described in sections 2251, 2251A, 2252, 2252A, 2252B or 2260 of Chapter 110 of Title 18 of the United States Code; which were produced, transported, mailed, shipped, or received in violation of Title 18 of the United States Code, or any book, magazine, periodical, film, videotape or other matter which contains any such visual depiction; and 18 U.S.C. § 2253(a)(3) as any property, real or personal, used or intended to be used to commit or to promote the commission of the offense and any property traceable to such property.

4. The United States has established the requisite nexus between the Subject Property and the Defendant's offenses. ...


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