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United States of America v. Larry Hal Baldwin

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


January 11, 2012

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
LARRY HAL BALDWIN,
DEFENDANT.

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

FINAL ORDER OF FORFEITURE

WHEREAS, on March 11, 2011, the 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 Larry Hal Baldwin forfeiting to the United States the following property:

a) Approximately $12,747.51 in U.S. Currency seized from Wells Fargo Bank account number 3243092610, held in the name of Larry H. Baldwin, in lieu of the real property located at 433 Sanderling Drive, Patterson, California, APN: 021-032-061-000,

b) 2GB Kingston Data Traveler thumb drive number 05360-373.AOOLF,

c) Flip HD Ultra video camera (second generation), model number U1120B, serial #NB0930302071;

d) Dell Dimension E510 desktop computer tower, model number DCSM, serial number 5BQYL81,

e) Maxtor DiamondMax 10 160GB hard disk drive, model number 6L160MO, serial number L30DPH2H, and

f) Sony Digital Video Camera Recorder, Model number DCR-TRV38, serial number 1358474.

AND WHEREAS, beginning on March 15, 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 of the notice 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;

AND WHEREAS, on October 26, 2011, the Court issued a Requested Order of Clarification on Restitution pertaining to restitution and the special assessment to paid from the forfeited funds described below in paragraph 1a.

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 below-listed property pursuant to 18 U.S.C. § 2253, to be disposed of according to law, including all right, title, and interest of Larry Hal Baldwin:

a) Approximately $747.51 of the $12,747.51 in U.S. Currency seized from Wells Fargo Bank account number 3243092610, held in the name of Larry H. Baldwin, in lieu of the real property located at 433 Sanderling Drive, Patterson, California, APN: 021-032-061-000,

b) 2GB Kingston Data Traveler thumb drive number 05360-373.AOOLF,

c) Flip HD Ultra video camera (second generation), model number U1120B, serial #NB0930302071;

d) Dell Dimension E510 desktop computer tower, model number DCSM, serial number 5BQYL81,

e) Maxtor DiamondMax 10 160GB hard disk drive, model number 6L160MO, serial number L30DPH2H, and

f) Sony Digital Video Camera Recorder, Model number DCR-TRV38, serial number 1358474.

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 U.S. Marshals Service shall be authorized to turn over $12,447.51 of the $12,747.51 in U.S. Currency seized from Wells Fargo Bank account number 3243092610 to Amanda J. Henslee, conservator for Alaina C. Baldwin, in a bank account held in trust for Alaina C. Baldwin. The U.S. Marshals Service shall be provided with documentation evidencing the establishment of a trust account in accordance with the Court's October 26, 2011 order (Doc. 25) and shall be provided with instructions for payment in such account. The U.S. Marshals Service is not to disburse any funds until such account has been established and no funds are to be withdrawn from the account until Alaina C. Baldwin has reached the age of majority (18 years old), or further order of the Court. This payment shall be applied to, and in full satisfaction of, the restitution order in this case.

4. The U.S. Marshals Service shall be authorized to turn over $300 of the $12,747.51 in U.S. Currency seized from Wells Fargo Bank account number 3243092610 to the Clerk of the Court for the special assessment ordered in the Judgment and Commitment.

5. The U.S. Marshals Service shall maintain custody of and control over the subject property until it is disposed of according to law.

IT IS SO ORDERED.

20120111

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