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United States v. Glenn

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


February 12, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
DARYL CURTIS GLENN, DEFENDANT.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

PRELIMINARY ORDER OF FORFEITURE

Based upon the guilty verdicts entered against defendant Daryl Curtis Glenn on December 17, 2009, and the Judge ordering the forfeiture final, it is hereby ORDERED, ADJUDGED AND DECREED as follows:

1. Pursuant to 18 U.S.C. § 2253, defendant Daryl Curtis Glenn'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. One Maxtor Hard Drive, Model STM3320620A, serial number 5QF4QE9E;

b. One Maxtor Hard Drive, Model 5T040H4, serial number SG-053EDU-19661-17N-A3MP; and

c. One Western Digital External Hard Drive, Model WD25001032-001, serial number WMANK6049311.

2. The above-listed property constitutes property which contains visual depictions produced, transported, mailed, shipped, or received in violation of 18 U.S.C. § 2252(a)(2) or was 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 171, the United States shall publish notice of the order of forfeiture. Notice of this Order and notice of the United States'(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.

IT IS SO ORDERED.

20100212

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