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United States v. Bateman

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

August 1, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
KYLE BATEMAN, Defendant.

          PRELIMINARY ORDER OF FORFEITURE OF PROPERTY

          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 1 of the Indictment, Possession of Child Pornography, in violation of 18 U.S.C. § 2252(a)(4)(B), and agreed to the immediate forfeiture, pursuant to 18 U.S.C. § 2253, of the following property (hereinafter “Subject Property”):

a. Seagate Barracuda 7200.7 hard drive, Model ST3120026A, SN: 5JT5JBQG; and
b. HP Pavilion desktop computer, SN: MX34050CTB, containing 32GB Transcend S.D. card and Logitech USB drive.

         2. The Defendant specifically agreed that the Subject Property is subject to forfeiture pursuant to 18 U.S.C. § 2253.

         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 1 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 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 depiction 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 1 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, 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.

         7. Pursuant to 18 U.S.C. § 2253(a)(1) and (3), the following Subject Property is hereby forfeited:

a. Seagate Barracuda 7200.7 hard drive, Model ST3120026A, SN: 5JT5JBQG; and
b. HP Pavilion desktop computer, SN: MX34050CTB, containing 32GB Transcend S.D. card ...

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