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U.S. v. Robinette, 1:13-CR-00003-AWI-BAM. (2014)

Court: District Court, E.D. California Number: infdco20140512i59 Visitors: 5
Filed: May 09, 2014
Latest Update: May 09, 2014
Summary: PRELIMINARY ORDER OF FORFEITURE ANTHONY W. ISHII, Senior District Judge. It is hereby ORDERED as follows: 1. Under 18 U.S.C. 2253(a) and 2428, defendant Christopher Robinette'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. Buffalo HD computer; b. Dell Precision portable computer; c. Six (6) videotapes; d. Dell M90 computer/notebook; e. Nineteen (19) CD-Roms; f. Dell Jbl Waves computer/notebo
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PRELIMINARY ORDER OF FORFEITURE

ANTHONY W. ISHII, Senior District Judge.

It is hereby ORDERED as follows:

1. Under 18 U.S.C. §§ 2253(a) and 2428, defendant Christopher Robinette'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. Buffalo HD computer; b. Dell Precision portable computer; c. Six (6) videotapes; d. Dell M90 computer/notebook; e. Nineteen (19) CD-Roms; f. Dell Jbl Waves computer/notebook; g. Twenty-four (24) photos; h. Toshiba HD computer; i. JVC Everio camera (film); j. Twenty-five (25) CDs/CD-Roms; k. Thirty-one (31) CDs/CD-Roms; l. Two (2) photos; m. SD card; n. Thirty-three (33) data carriers; o. Four (4) magazines; p. Seagate HD computer; q. Sixty-seven (67) CDs; r. Sixty-four (64) CDs; s. Porsche la Cie data carrier; t. Dell Inspiron B130 portable computer; u. Four (4) USB sticks; v. Dell Precision 390 computer; w. Five (5) CDs; x. Computer; y. IBM HD computer; z. Iomega HD computer; aa. Twelve (12) Photos; bb. Three (3) DVDs; and cc. One piece of paper.

2. The above-listed assets constitute property which contain visual depictions mailed, shipped, or transported in violation of 18 U.S.C. §§ 2251(a), 2251(e), 2423(a), and 2423(e), or was used or intended to be used to commit and to promote the commission of the aforementioned violations.

3. Under 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 Federal Bureau of Investigation in its secure custody and control.

4. a. Under 18 U.S.C. § 2253(b) and 46 U.S.C. § 70507(a), 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 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. §§ 2253(a) and 2428, in which all interests will be addressed.

6. The government, in its discretion, shall conduct discovery, including written discovery, the taking of depositions, and the issuance of subpoenas, in order to identify, locate or dispose of property subject to forfeiture in accordance with Rule 32.2(b)(3) of the Federal Rules of Criminal Procedure.

IT IS SO ORDERED.

Source:  Leagle

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