PRELIMINARY ORDER OF FORFEITURE

ALGENON L. MARBLEY, District Judge.

WHEREAS, the Indictment (Doc. 12) returned in this action contained a forfeiture allegation (Forfeiture A) notifying Defendant Jeremy N. Wallace that the United States sought the forfeiture of specific property, pursuant to 18 U.S.C. §2253(a)(1) and (3), based on the conduct of Defendant Jeremy N. Wallace in Counts One through Three of the Indictment, in violation of 18 U.S.C. §§2251(a) and (e) and 18 U.S.C. §§2252(a)(2), (a)(4)(B), (b)(1), and (b)(2), which property is fully described below ("subject property"); and

WHEREAS, on March 28, 2014, Defendant Jeremy N. Wallace entered a Plea of Guilty to Count One of the Indictment1; and

WHEREAS, in the Plea Agreement entered on February 4, 2014, Defendant Jeremy N. Wallace acknowledged liability for the forfeiture alleged in Forfeiture A of the Indictment involving certain facilitating electronic media devices which were seized from Defendant Jeremy N. Wallace at the time of his arrest. Defendant Jeremy N. Wallace agreed to co-operate fully in the forfeiture of the computer devices and/or any accessories and also agreed not to contest the forfeiture in any way or to assist others in contesting the forfeiture. Defendant Jeremy N. Wallace further agreed to abandon any and all pornographic materials seized, whether depicting adults or minors or both, and agreed to abandon all photographs which depict minors, other than photographs of clothed minor members of his own family.

WHEREAS, by virtue of said Indictment, Guilty Plea, and Plea Agreement the Court has determined that the requisite nexus exists between the subject property and Count One of the Indictment, that the subject property is forfeitable pursuant to 18 U.S.C. §2253(a)(1) and (3), and that the United States is now entitled to possession of the subject property.

Accordingly, it is hereby ORDERED, ADJUDGED AND DECREED:

1. That Defendant Jeremy N. Wallace shall forfeit to the United States the subject property that is:

2. That the United States Marshals Service shall immediately seize the subject property and hold same in its secure custody and control.

3. That the United States is authorized to conduct any discovery proper in identifying, locating or disposing of the subject property in accordance with Fed. R. Crim. P. 32.2(b)(3).

4. That the United States shall publish, in accordance with the provisions of 21 U.S.C. §853(n), notice of this Order and notice of its intent to dispose of the subject property in such manner as the Attorney General may direct.

5. The United States shall also provide written notice to any person who reasonably appears to be a potential claimant with standing to contest the forfeiture in the ancillary proceeding in accordance with Fed. R. Crim. P. 32.2(b)(6).

6. That pursuant to Fed. R. Crim. P. 32.2(b)(4), this Preliminary Order of Forfeiture shall become final as to Defendant Jeremy N. Wallace at the time of sentencing and shall be made part of the sentence and included in the judgment. If no third party files a timely claim, this Order shall become the Final Order of Forfeiture, as provided by Fed. R. Crim. P. 32.2(c)(2).

7. That following the Court's disposition of all petitions filed pursuant to 21 U.S.C. §853(n), or, if no such petitions are filed, following the expiration of the period for the filing of such petitions, the United States shall have clear title to the subject property.

8. The Court shall retain jurisdiction to enforce this Order, and to amend it as necessary, pursuant to Fed. R. Crim. P. 32.2(e).

ORDERED.