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United States v. Bigler

United States District Court, S.D. Ohio, Western Division

November 15, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
JASON ALEXANDER BIGLER, Defendant.

          PRELIMINARY ORDER OF FORFEITURE OF PROPERTY AS TO DEFENDANT JASON ALEXANDER BIGLER

          THOMAS M. ROSE UNITED STATES 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 (Doc. 21), the Court HEREBY FINDS THAT:

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

a. any visual depictions 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 as alleged in Count One, or any book, magazine, periodical, film, videotape or other matter which contains any such visual depiction; and
b. 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 specifically agreed that the following property (hereinafter “Subject Property”) is subject to forfeiture pursuant to 18 U.S.C. § 2253:

a. Kyocera cellular telephone, Model S2151, DEC 268435462509612331;
b. Apple iPad, Model A1458, SN: DMQK3E0NF183; and
c. Lenovo Think Pad laptop, Type 7443-CTR, SN: L3-A0506.

         3. The Defendant has an interest in the Subject Property.

         4. The Subject Property is forfeitable pursuant to: 18 U.S.C. § 2253(a)(1) as any visual depictions 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 as alleged in Count One 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 such offenses or any property traceable to such property.

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

         THEREFORE, IT IS HEREBY ORDERED THAT:

         6. The Defendant shall hereby forfeit pursuant to: 18 U.S.C. § 2253(a)(1), any visual depictions described in sections 2251, 2251A, 2252, 2252A, 2252B or 2260 of Chapter 110 of Title 18 of the United States Code as alleged in Count One; 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), any property, ...


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