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United States v. Armstrong

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

March 27, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
JEREMIAH ARMSTRONG, Defendant.

          PRELIMINARY ORDER OF FORFEITURE OF PROPERTY AS TO DEFENDANT JEREMIAH ARMSTRONG

          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, the Court HEREBY FINDS

         THAT:

         1. The Defendant pled guilty to Count Four of the Indictment charging him with Possession of Child Pornography, in violation of 18 U.S.C. §§ 2252(a)(4)(B) and (b)(2), and agreed to the immediate forfeiture, pursuant to 18 U.S.C. § 2253, of:

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 as alleged in Count Four, 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”), was subject to forfeiture pursuant to 18 U.S.C. § 2253:

a. Toshiba external hard drive, serial number 947OPB54T64A, 1TB;
b. WD external hard drive, serial number WCAUF2374151;
c. Custom desktop computer in clear case; and
d. Samsung cellular telephone, Model SM-G530T, serial number R28GA0NJ88P.

         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 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 as alleged in Count Four 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 offense or any property traceable to such property.

         5. The United States has established the requisite nexus between the Subject ...


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