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United States of America v. Derek J. Pitre

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


May 3, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
DEREK J. PITRE,
DEFENDANT.

The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge

FINAL ORDER OF FORFEITURE

WHEREAS, on February 9, 2011, this Court entered a Preliminary Order of Forfeiture pursuant to the provisions of 18 U.S.C. § 2253, based upon the plea agreement entered into between plaintiff and defendant Derek J. Pitre forfeiting to the United States the following property:

a. 1 Hewlett Packard Pavilion laptop computer, Model DV-7, 1245 DX, serial # CND85101XF;

b. 1 Hewlett Packard Pavilion laptop computer, serial #CNF9380XGK;

c. 1 Iomega external hard drive, Model Barracuda 7200, serial #6VP0AH42;

d. Compact discs, hard drives, or other storage devices containing visual depictions of minors engaged in sexually explicit conduct.

AND WHEREAS, beginning on February 12, 2011, for at least 30 consecutive days, the United States published notice of the Court's Order of Forfeiture on the official internet government forfeiture site www.forfeiture.gov. Said published notice advised all third parties of their right to petition the Court within sixty (60) days from the first day of publication for a hearing to adjudicate the validity of their alleged legal interest in the forfeited property;

AND WHEREAS, the Court has been advised that no third party has filed a claim to the subject property and the time for any person or entity to file a claim has expired.

Accordingly, it is hereby ORDERED and ADJUDGED:

1. A Final Order of Forfeiture shall be entered forfeiting to the United States of America all right, title, and interest in the above-listed property pursuant to 18 U.S.C. § 2253, to be disposed of according to law, including all right, title, and interest of Derek

J. Pitre. 2. All right, title, and interest in the above-listed property shall vest solely in the name of the United States of America.

3. The Department of Homeland Security, Immigration Customs Enforcement or Customs and Border Protection shall maintain custody of and control over the subject property until it is disposed of according to law.

IT IS SO ORDERED.

20110503

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