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United States v. Nutt

United States District Court, M.D. Alabama, Northern Division

November 6, 2018

UNITED STATES OF AMERICA
v.
GLENN EDWARD NUTT

          PRELIMINARY ORDER OF FORFEITURE

          MYRON H. THOMPSON UNITED STATES DISTRICT JUDGE

         WHEREAS, the United States of America gave notice to defendant Glenn Edward Nutt in the indictment (doc. no. 1) that it would seek the forfeiture of all property involved in the commission of the offenses in violation of 18 U.S.C. §§ 2252A(a)(2) and (5)(B); and, WHEREAS, defendant consents to the forfeiture in his plea agreement (doc. no. 20, p. 6);

         IT IS HEREBY ORDERED THAT the government's motion for a preliminary order of forfeiture (doc. no. 26) is granted as follows:

         1. As a result of the guilty plea on count 1 of the indictment, the defendant shall forfeit to the United States, pursuant to 18 U.S.C. § 2253, any visual depiction described in 18 U.S.C.§§ 2251(a), 2251A, or 2252, 2252A, 2252B, or 2260, or any book, magazine, periodical, film, videotape, or other matter which contains such visual depiction, which was produced, transported, mailed, shipped or received in violation of such offense; any property, real or personal, constituting or traceable to gross profits or other proceeds obtained from such offense; and, any property, real or personal, used and intended to be used to commit and to promote the commission of such offense in violation of 18 U.S.C. §§ 2252A(a)(2) and (5)(B).

         2. The court has determined that the following property is subject to forfeiture pursuant to 18 U.S.C. § 2253; that the defendant has an interest in such property; and, that the United States has established the requisite nexus between such property and such offenses:

(a) Dell desktop PC, bearing serial number 99YPKB1 containing a Western Digital hard drive, bearing serial number WCASU4142820;
(b) Sony Walkman MP3 player, serial number: 5041384;
(c) LG VS880 cellular telephone, IMEI number: 352265063034089;
(d) Sony Viao laptop computer, serial number 275287313004478 containing a Hitachi hard drive, serial number: 110423PBN475172LR0EE;
(e) Sony CD-R;
(f) Sony 16GB thumb drive; and,
(g) Sony Cybershot digital camera, serial number: 504552.

         3. Upon the entry of this order, the United States Attorney General is authorized to seize the above-listed property and conduct any discovery proper in identifying, locating or disposing of the property subject to forfeiture, in accordance with Federal Rule of Criminal Procedure 32.2(b)(3).

         4. Upon entry of this order, the United States Attorney General is authorized to commence any applicable proceeding to comply with statutes governing ...


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