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United States v. Walker

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

January 9, 2020

UNITED STATES OF AMERICA, Plaintiff,
v.
TRAVIS EDWARD WALKER, Defendant.

          PRELIMINARY ORDER OF FORFEITURE

          WALTER H. RICE UNITED STATES DISTRICT JUDGE.

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

         On May 24, 2018, a grand jury in the Southern District of Ohio returned a six-count Indictment, charging the Defendant in Counts 1 and 4 with Production of Child Pornography, in violation of 18 U.S.C. § 2251(a) and (e), and in Count 5 with Distribution of Child Pornography, in violation of 18 U.S.C. § 2252(a)(2) and (b)(1), among other violations.

         Pursuant to Fed. R. Crim. P. 32.2(a), a forfeiture allegation in the Indictment contained notice to the Defendant that the United States sought forfeiture of property that contains an unlawful visual depiction and any property that the Defendant used or intended to use to commit the offenses pursuant to 18 U.S.C. § 2253(a). The United States has identified the following property (the "subject property") for forfeiture:

• LG cellular telephone, Model LS992, bearing MEID 089482906302322840 and IMSI310120141719692;
• Generic CPU stand, black in color, missing side panel;
• Seagate Barracuda hard drive, Model ST1000DM003, SN: S1DE8FHQ, 1 TB;
• Seagate hard drive, Model SRD00F1, SN: NA98LJ63; and
• WD PC hard drive, Model WD1oEZEX, SN: WCC3F4XK9V1Y.

         On September 23, 2019, the Defendant entered into a Plea Agreement with the United States in which the Defendant agreed to plead guilty to Counts 1, 4 and 5 of the Indictment and agreed to the immediate forfeiture of the subject property, pursuant to 18 U.S.C § 2253, as property that contains an unlawful visual depiction and/or property that the Defendant used or intended to use to commit the offenses.

         The Defendant entered pleas of guilty to Counts 1, 4 and 5 of the Indictment on September 23, 2019.

         The subject property is forfeitable, pursuant to 18 U.S.C. § 2253(a)(1) and (3), as property that contained an unlawful visual depiction and/or property that the Defendant used or intended to use to commit the offenses set forth in Counts 1, 4 and 5 of the Indictment to which the Defendant has pleaded guilty. The Defendant had an interest in the subject property.

         The United States has established the requisite nexus between the subject ...


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