Opinion
2:10-CR-119-KJD-(GWF)
04-30-2013
UNITED STATES OF AMERICA, Plaintiff, v. ROBERT BAKER, JR., Defendant.
PRELIMINARY ORDER OF FORFEITURE
This Court finds that on April 30, 2013, defendant ROBERT BAKER, JR., pled guilty to Count One of a Two-Count Criminal Indictment charging him with Receipt of Child Pornography in violation of Title 18, United States Code, Section 2252A(a)(2). Criminal Indictment, ECF No. 1; Change of Plea Minutes, ECF No. _; Plea Agreement, ECF No. _.
This Court finds defendant ROBERT BAKER, JR., agreed to the forfeiture of the property set forth in the Forfeiture Allegation of the Criminal Indictment, the Plea Agreement, and the Bill of Particulars. Criminal Indictment, ECF No. 1; Bill of Particulars, ECF No. 22; Change of Plea Minutes, ECF No. _; Plea Agreement, ECF No. _.
This Court finds, pursuant to Fed. R. Crim. P. 32.2(b)(1) and (2), the United States of America has shown the requisite nexus between property set forth in the Forfeiture Allegation of the Criminal Indictment and agreed to in the Plea Agreement and the Bill of Particulars and the offense to which defendant ROBERT BAKER, JR., pled guilty.
The following assets are subject to forfeiture pursuant to Title 18, United States Code, Sections 2253(a)(1) and 2253(a)(3)
a. Dell Dimension 8300 Desktop Tower with two internal hard drives, serial number 6W26X21;
b. Hitachi Hard Drive, bearing no serial number;
c. Western Digital Hard Drive, serial number WMAAV3199085
d. 1 Disk labeled "XXX";
e. 1 Disk labeled "LS";
f. 1 Disk labeled "xpix 2 movies"; and
g. any book, magazine, periodical, film, videotape, or other matter which contains any such visual depiction, which was produced, transported, mailed, shipped, or received; computer images, including movie and still image files, depicting a minor engaging in sexually explicit conduct and the diskettes and hard drives on which they are maintained ("property").
This Court finds the United States of America is now entitled to, and should, reduce the aforementioned property to the possession of the United States of America.
NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the United States of America should seize the aforementioned property.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED all right, title, and interest of ROBERT BAKER, JR., in the aforementioned property is forfeited and is vested in the United States of America and shall be safely held by the United States of America until further order of the Court.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED the United States of America shall publish for at least thirty (30) consecutive days on the official internet government forfeiture website, www.forfeiture.gov, notice of this Order, which shall describe the forfeited property, state the time under the applicable statute when a petition contesting the forfeiture must be filed, and state the name and contact information for the government attorney to be served with the petition, pursuant to Fed. R. Crim. P. 32.2(b)(6) and Title 21, United States Code, Section 853(n)(2).
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED a petition, if any, must be filed with the Clerk of the Court, 333 Las Vegas Boulevard South, Las Vegas, Nevada 89101.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED a copy of the petition, if any, shall be served upon the Asset Forfeiture Attorney of the United States Attorney's Office at the following address at the time of filing:
MICHAEL A. HUMPHREYS
Assistant United States Attorney
Lloyd D. George United States Courthouse
333 Las Vegas Boulevard South, Suite 5000
Las Vegas, Nevada 89101.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED the notice described herein need not be published in the event a Declaration of Forfeiture is issued by the appropriate agency following publication of notice of seizure and intent to administratively forfeit the above-described property.
_____________________
UNITED STATES DISTRICT JUDGE