United States District Court, M.D. Alabama, Northern Division
PRELIMINARY ORDER OF FORFEITURE
H. THOMPSON UNITED STATES DISTRICT JUDGE.
pending before the court is the government's motion for a
preliminary order of forfeiture filed on September 23, 2019.
The government gave notice to defendant Barney Clarence
Knotts in the indictment 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
defendant consented to the forfeiture of specific property in
his plea agreement (doc. no. 14, ¶15).
it is ORDERED that the government's
motion for a preliminary order of forfeiture (doc. no. 19) is
granted as follows:
1. As a
result of the guilty plea on Count 2 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 (a)(5)(B).
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
govnerment has established the requisite nexus between such
property and such offenses:
(a) Acer VA70 laptop computer, s/n: NXM34AA00430501D087200,
containing a Western Digital 500GB HDD, sn: WX61AC2W7600;
(b) Acer 5750 laptop computer, s/n: LXRL8020321373C10A1601,
containing a Hitachi 500GB HDD, s/n: 52GMGS1D.
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).
entry of this order, the United States Attorney General is
authorized to commence any applicable proceeding to comply
with statutes governing third-party rights, including giving
notice of this order.
government shall publish notice of the order and its intent
to dispose of the property in such a manner as the United
States Attorney General may direct. The government may also,
to the extent practicable, provide written notice to any
person known to have an alleged interest in the subject
person other than the above-named defendant asserting a legal
interest in the subject property may, within thirty days of
the final publication of notice or receipt of notice,
whichever is earlier, petition the court for a hearing
without a jury to adjudicate the validity of his alleged
interest in the subject property, and for an amendment of the
order of forfeiture, pursuant to 28 U.S.C. § 2461(c),
which incorporates 21 U.S.C. § 853(n)(6).
Pursuant to Federal Rule of Criminal Procedure 32.2(b)(3),
this order of forfeiture shall become final as to the
defendant at the time of sentencing and shall be made part of
the oral pronouncement of sentence and included in the
written judgment in a criminal case.
petition filed by a third party asserting an interest in the
subject property shall be signed by the petitioner under
penalty of perjury and shall set forth the nature and extent
of the petitioner's right, title, or interest in the
subject property, the time and circumstances of the
petitioner's acquisition of the right, title, or interest