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United States v. Cline

United States District Court, S.D. California

May 15, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
JAMES PHILIP CLINE, Defendant.

          PRELIMINARY ORDER OF CRIMINAL FORFEITURE

          HON. MICHAEL M. ANELLO United States District Judge

         WHEREAS, in the Plea Agreement in the above-captioned case, the parties agreed to forfeiture to the United States of all property of Defendant JAMES PHILIP CLINE (“Defendant”), that constituted visual depictions as described in 18 U.S.C. § 2252, all property constituting proceeds of the offense, and all property used or intended to be used to commit or to promote the commission of the offense set forth in Count 1 of the Superseding Information which charged a violation of 18 U.S.C. § 2252(a)(4)(B), and forfeitable pursuant to 18 U.S.C. § 2253, as charged in the Superseding Information; and

         WHEREAS, on or about February 21, 2017, Defendant pleaded guilty before Magistrate Judge Mitchell D. Dembin to Count 1 of the Superseding Information, which plea included consent to the forfeiture of all property seized in connection with the case, including forfeiture of all visual depictions as described in § 2252, all property constituting proceeds of the offense, and all property used or intended to be used to commit or to promote the commission, including forfeiture of the following:

(1) computer images and printed images determined by law enforcement to depict minors engaging in sexually explicit conduct an
(2) the items, equipment, computers, disks, and media seized by law enforcement during the investigation of the offenses to which the defendant has pled guilty, including:
1. One black Lenovo desktop computer, S/N 11S30500528001075A92TC;
2. One 3.5" Western Digital hard drive, 500GB, Model WD500AAKS, S/N WCAYU0416753;
3. One 2.5" Hitachi hard drive, 500 GB, Model HTS545050B9A300, S/N M7HVTK3E;
4. One 3.5" Western Digital hard drive, 640 GB, Model WD6400AAKS, S/N WMASY7243951;
5. One 3.5" Western Digital hard drive, 1TB, Model WD10EZEX, S/N WCC3F3500735; and
6. One 3.5" Western Digital hard drive, 1 TB, Model WD10EACS, S/N WCAU444 02079; and

         WHEREAS, on March 24, 2017, this Court accepted the guilty plea of Defendant; and

         WHEREAS, by virtue of the facts set forth in the plea agreement and forfeiture addendum, the United States has established the requisite nexus between the forfeited properties and the offense and the Court hereby orders the forfeiture to the United States of the described forfeited properties pursuant to Title 18, United States Code, Section 2253; and

         WHEREAS, by virtue of said guilty plea, the United States is now entitled to possession of the above-referenced properties, pursuant to 18 U.S.C. § 2253 and Rule ...


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