Opinion
2:20-CR-334-JAD-DJA
10-30-2023
UNITED STATES OF AMERICA, Plaintiff, v. COLBY MATTHEW OLEN, Defendant.
FINAL ORDER OF FORFEITURE
JENNIFER A. DORSEY UNITED STATES DISTRICT JUDGE
The United States District Court for the District of Nevada entered a Preliminary Order of Forfeiture under Fed. R. Crim. P. 32.2(b)(1) and (b)(2) and 18 U.S.C. § 2253(a)(1) and 2253(a)(3) based upon the plea of guilty by Colby Matthew Olen to the criminal offenses, forfeiting the property set forth in the Plea Agreement, the Bill of Particulars, and the Forfeiture Allegation of the Superseding Criminal Indictment and shown by the United States to have the requisite nexus to the offenses to which Colby Matthew Olen pled guilty. Superseding Criminal Indictment, ECF No. 51; Bill of Particulars, ECF No. 59; Change of Plea, ECF No. 81; Plea Agreement, ECF No. 82; Preliminary Order of Forfeiture, ECF No. 83.
This Court finds that on the government's motion, the Court may at any time enter an order of forfeiture or amend an existing order of forfeiture to include subsequently located property or substitute property under Fed. R. Crim. P. 32.2(e) and 32.2(b)(2)(C).
This Court finds the United States published the notice of forfeiture in accordance with the law via the official government internet forfeiture site, www.forfeiture.gov, consecutively from July 28, 2023, through August 26, 2023, notifying all potential third parties of their right to petition the Court. Notice of Filing Proof of Publication Exhibits, ECF No. 84-1, p. 5.
This Court finds no petition was filed herein by or on behalf of any person or entity and the time for filing such petitions and claims has expired.
This Court finds no petitions are pending regarding the property named herein and the time has expired for presenting such petitions.
THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that all possessory rights, ownership rights, and all rights, titles, and interests in the property hereinafter described are condemned, forfeited, and vested in the United States under Fed. R. Crim. P. 32.2(b)(4)(A) and (b)(4)(B); Fed. R. Crim. P. 32.2(c)(2); 18 U.S.C. § 2253(a)(1) and 2253(a)(3); and 21 U.S.C. § 853(n)(7) and shall be disposed of according to law:
1. Sandisk 4GB USB thumbdrive;
2. Hewlett Packard Elitebook 840-G3, laptop, serial number: 5CG7021BFS;
3. Samsung RV510 laptop, serial number: HLHA93KBA02501V; and
4. a HP laptop computer, model: 15-dy1043dx, serial number: 5CD0349525 with a KIOXIA Corp 256GB M.2 SATA SSD Card, model: KBG40ZNV256G(all of which constitutes property).
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that under Fed. R. Crim. P. 32.2(c) and 21 U.S.C. § 853(n)(7), all possessory rights, ownership rights, and all rights, titles, and interests in the property are extinguished and are not recognized for Colby Matthew Olen and all third parties.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the property shall be disposed of according to law.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Clerk send copies of this Order to all counsel of record.