IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
March 18, 2010
UNITED STATES OF AMERICA, PLAINTIFF,
LUIS FELIPE LA COTERA, DEFENDANT.
The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge
PRELIMINARY ORDER OF FORFEITURE
Based upon the plea agreement and the application for preliminary order of forfeiture entered into between plaintiff United States of America and defendant Luis Felipe La Cotera, it is hereby ORDERED, ADJUDGED AND DECREED as follows:
1. Pursuant to 18 U.S.C. § 2253, defendant Luis Felipe La Cotera'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 black computer tower with SilverStone case, no serial number; and
b) One Maxtor 250 GB hard drive, serial number B6066CVH.
2. The above-listed property constitutes property containing visual depictions of a minor engaged in sexually explicit conduct which was received or distributed through interstate commerce and/or was mailed, shipped or transported in violation of 18 U.S.C. § 2252(a)(2), 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 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.
IT IS SO ORDERED.
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