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United States v. Bowman

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

August 1, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
MICHAEL LEE BOWMAN, JR., 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 Superseding Information, 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 the following property (hereinafter “Subject Property”):

a. Samsung cell phone, Model SM-S765C, FCCID A3LSMS765C;
b. ZTE cell phone, Model Z832, SN: 328C7480084B; and
c. Coolpad cell phone, Model 3320A, IMEI 867441024019547.

         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 ...


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