Opinion
BENJAMIN B. WAGNER United States Attorney, BRIAN W. ENOS Assistant United States Attorney, Attorneys for Plaintiff United
FINAL ORDER OF FORFEITURE
LAWRENCE J. O’NEILL, UNITED STATES DISTRICT JUDGE
WHEREAS, on November 14, 2014, the Court entered a Preliminary Order of Forfeiture, forfeiting to the United States all right, title, and interest of defendant Ismael Martinez in the following property:
a. Apple iPhone 4 (Model A1387), seized from defendant by law enforcement on or about September 27, 2013; and
b. Computers, compact discs, hard drives, or other storage devices containing visual depictions of minors engaged in sexually explicit conduct and seized from defendant by law enforcement on or about September 27, 2013.
AND WHEREAS, beginning on November 18, 2014, for at least 30 consecutive days, the United States published notice of the Court’s Order of Forfeiture on the official internet government forfeiture site www.forfeiture.gov. Said published notice advised all third parties of their right to petition the Court within sixty (60) days from the first day of publication of the notice for a hearing to adjudicate the validity of their alleged legal interest in the forfeited property; AND WHEREAS, the Court has been advised that no third party has filed a claim to the subject property, and the time for any person or entity to file a claim has expired.
Accordingly, it is hereby ORDERED and ADJUDGED:
1. A Final Order of Forfeiture shall be entered forfeiting to the United States of America all right, title, and interest in the above-listed property pursuant to 18 U.S.C. § 2428, to be disposed of according to law, including all right, title, and interest of Ismael Martinez.
2. All right, title, and interest in the above-listed property shall vest solely in the name of the United States of America.
3. The Department of Homeland Security, Customs and Border Protection shall maintain custody of and control over the subject property until it is disposed of according to law.
IT IS SO ORDERED.