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United States v. Beaumont

United States District Court, S.D. California

November 17, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
KEMP FIELD BEAUMONT, III, Defendant.

          PRELIMINARY ORDER OF CRIMINAL FORFEITURE

          HON. CATHY ANN BENCIVENGO 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 KEMP FIELD BEAUMONT, III (“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 Information which charged a violation of 18 U.S.C. § 2252(a)(2), and forfeitable pursuant to 18 U.S.C. § 2253 as charged in the Information; and

         WHEREAS, on or about August 3, 2017, Defendant pled guilty before Magistrate Judge Jan M. Adler to Count 1 of the 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 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 and
(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:

         One Digiland Tablet, Model DL1010Q, FCC ID XMFM1D1008; and

         WHEREAS, on August 28, 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 32.2(b) of the Federal Rules of Criminal Procedure; and

         WHEREAS, pursuant to Rule 32.2(b), the United States having requested the authority to take custody of the above-referenced properties which are hereby found forfeitable by the Court; and

         WHEREAS, the United States, having submitted the Order herein to the Defendant through his attorney of record, to review, and no objections having been received;

         Accordingly, IT IS HEREBY ORDERED, ADJUDGED AND DECREED:

         1. Based upon the guilty plea of the Defendant, the United States is hereby authorized to take custody and control of the following assets, and all right, title and interest of Defendant KEMP FIELD BEAUMONT, III in the following properties are hereby forfeited to the United States for disposition in accordance with the law, subject to the provisions of 21 U.S.C. § 853(n):

(1) computer images and printed images determined by law enforcement to depict minors engaging in sexually ...

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