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United States v. Flinn

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


January 16, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JEREMY FLINN, DEFENDANT.

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

PRELIMINARY ORDER OF FORFEITURE

Based upon the plea agreement entered into between plaintiff United States of America and defendant Jeremy Flinn, it is hereby

ORDERED, ADJUDGED AND DECREED as follows:

1. Pursuant to 18 U.S.C. § 2253, defendant Jeremy Flinn's interest in the following property shall be condemned and forfeited to the United States of America, to be disposed of according to law:

a) a Compaq Presario computer with a Maxtor hard drive (10GB);

b) a Seagate hard drive;

c) a generic CPU with a Maxtor hard drive (20GB);

d) a Samsung 26 GB hard drive; and

e) an Omega zip drive with three zip disks.

2. The above-listed property constitutes property containing visual depictions of minors engaged in sexually explicit conduct, which were produced using materials which have been mailed, or have been shipped or transported in interstate or foreign commerce, or which were possessed in violation of 18 U.S.C. § 2252(a)(4)(B) and/or were used or intended to be used in any manner or part to commit and to promote the commission of the aforementioned violation, all in violation of 18 U.S.C. § 2253.

3. Pursuant to Rule 32.2(b), the Attorney General (or a designee) shall be authorized to seize the above-listed property. The aforementioned property shall be seized and held by the United States, in its secure custody and control.

4. a. Pursuant to 18 U.S.C. § 2253(b), incorporating 21 U.S.C. § 853(n), and Local Rule 83-171, the United States shall publish notice of the order of forfeiture. Notice of this Order and notice of the Attorney General's (or a designee's) intent to dispose of the property in such manner as the Attorney General may direct shall be posted for at least 30 consecutive days on the official internet government forfeiture site www.forfeiture.gov. The United States may also, to the extent practicable, provide direct written notice to any person known to have alleged an interest in the property that is the subject of the order of forfeiture as a substitute for published notice as to those persons so notified.

b. This notice shall state that any person, other than the defendant, asserting a legal interest in the above-listed property, must file a petition with the Court within sixty (60) days from the first day of publication of the Notice of Forfeiture posted on the official government forfeiture site, or within thirty (30) days from receipt of direct written notice, whichever is earlier.

5. If a petition is timely filed, upon adjudication of all third-party interests, if any, this Court will enter a Final Order of Forfeiture pursuant to 18 U.S.C. § 2253 in which all interests will be addressed.

20090116

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