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U.S. v. Sparks, 2:16-CR-00095-JAM. (2017)

Court: District Court, E.D. California Number: infdco20171021904 Visitors: 17
Filed: Sep. 12, 2017
Latest Update: Sep. 12, 2017
Summary: APPLICATION FOR PRELIMINARY ORDER OF FORFEITURE AND PUBLICATION THEREOF JOHN A. MENDEZ , District Judge . On or about August 29, 2017, plaintiff United States of America and defendant Jason Sebastian Sparks entered into a plea agreement in which the defendant agreed to forfeit his right, title, and interest in the below-described asset. Plaintiff hereby applies for entry of a Preliminary Order of Forfeiture as to the interest of defendant Jason Sebastian Sparks as follows: 1. Pursuant to 1
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APPLICATION FOR PRELIMINARY ORDER OF FORFEITURE AND PUBLICATION THEREOF

On or about August 29, 2017, plaintiff United States of America and defendant Jason Sebastian Sparks entered into a plea agreement in which the defendant agreed to forfeit his right, title, and interest in the below-described asset. Plaintiff hereby applies for entry of a Preliminary Order of Forfeiture as to the interest of defendant Jason Sebastian Sparks as follows:

1. Pursuant to 18 U.S.C. § 2253, defendant Jason Sebastian Sparks' interest in the following assets shall be condemned and forfeited to the United States of America, to be disposed of according to law:

a. One desktop computer with no make, model or serial number, that contains a Seagate Barracuda 7200 hard drive with serial number 6VPGSAAS; and

b. A LG Nexus 4 cell phone, serial number 01BEB5FA198867B9.

2. The above-listed property was used or intended to be used to commit or to promote the commission of violation of 18 U.S.C. § 2252(a)(2).

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 18 U.S.C. § 2253(b), 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, in which all interests will be addressed.

PRELIMINARY ORDER OF FORFEITURE

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

1. Pursuant to 18 U.S.C. § 2253, defendant Jason Sebastian Sparks' interest in the following property shall be condemned and forfeited to the United States of America, to be disposed of according to law:

a. One desktop computer with no make, model or serial number, that contains a Seagate Barracuda 7200 hard drive with serial number 6VPGSAAS; and

b. A LG Nexus 4 cell phone, serial number 01BEB5FA198867B9.

2. The above-listed property was used or intended to be used to commit or to promote the commission of violation of 18 U.S.C. § 2252(a)(2).

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 18 U.S.C. § 2253(b), 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 the 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, in which all interests will be addressed.

SO ORDERED.

Source:  Leagle

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