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United States of America v. Paul "Yoshi" Moore

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


July 27, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
PAUL "YOSHI" MOORE, ET AL.,
DEFENDANT.

The opinion of the court was delivered by: Edward J. Garcia United States District Judge

PRELIMINARY ORDER OF FORFEITURE

Based upon the plea agreement entered into between plaintiff United States of America and defendant Paul Moore, it is hereby ORDERED, ADJUDGED AND DECREED as follows:

1. Pursuant to 18 U.S.C. § 1594(d)(1), defendant Paul Moore'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) Dell Inspiron Laptop, SN 1CHTW71 and battery and powercord;

(b) Toshiba, Prtage 3500 Laptop, SC 73138552PU with battery and powercord;

(c) SONY Clie, SN 29031930-300253;

(d) Sony DSLR A100K w/accessories SN S01-0742861-E;

(e) Canon EDS Camera w/accessories, SN 2360505407;

(f) HP CPU Media Center PC M7000, SN MXK527108N w/powercords, keyboards, and monitor;

(g) Sony Memory Stick; 1 Preliminary Order of Forfeiture

(h) Sandisk Cruzer Drive;

(i) Sandisk Flash Cards;

(j) Motorola Flash Drive;

(k) Kingston Flash Drive;

(l) Guration Flash Drive;

(m) Sprint Aircard, SN x272296075410;

(n) D-Link PC Card, SN RE1A069487;

(o) 24 computer disks;

(p) Dell Inspirion Laptop, SN TWO4E641-128000-22L-0888 w/powercord;

(q) HP Vectra CPU, SN VS02508140, w/powercord;

(r) HP Pavilion CPU, 5040, SN US61002124, w/powercord, keyboard and monitor;

(s) Compaq laptop, SN 1V27KQF2646F;

(t) Dell Laptop with powercord, SN DS/N CN-C4P240-488155-296-0541;

(u) Dell laptop with powercord, #99050, PIN #6274;

(v) Dell Inspiron laptop, #80045-558-771-855;

(w) I-Pod with charger, SN 2CD5230KY1; and

(x) Tripods, Monopods, and photolamps.

2. The above-listed property constitutes property used or intended to be used to commit or to facilitate the commission of violations of 18 U.S.C. § 1591(a)(1).

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 28 U.S.C. § 2461(c), 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

2 Preliminary Order of Forfeiture 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. § 1594(d)(1), in which all interests will be addressed.

20110727

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