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United States of America v. David Neal

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


January 12, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
DAVID NEAL,
DEFENDANT.

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

BENJAMIN B. WAGNER United States Attorney MICHELLE A. PRINCE Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 Telephone: (916) 554-2700

PRELIMINARY ORDER OF FORFEITURE

Based upon the entry of plea and stipulation and application for preliminary order of forfeiture entered into between plaintiff United States of America and defendant David Neal it is hereby ORDERED, ADJUDGED AND DECREED as follows:

1. Pursuant to 18 U.S.C. § 2253, defendant David Neal'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) Barracuda 7200 1-TB, tower computer hard drive, serial number ST31000333AS;

b) Dell XPS laptop, hard drive Momentus 7200, 320GB, black, serial number STJ0BYGQ; and

c) Dell Inspiron laptop, with Seagate Momentus 7200 hard drive, 250GB, serial number 5TH0EAZ3, and Fujitsu hard drive, model MH22250BH, serial number K6RT89260R.

2. The above-listed property constitutes property containing visual depictions produced, transported, mailed, shipped or received in violation of 18 U.S.C. § 2252(a)(4)(B); or was used or intended to be used to commit or to promote the commission of the aforementioned violation.

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 U. S. Marshals Service, 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.

20110112

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