Opinion
2:09-CR-00015 EJG
08-05-2011
UNITED STATES OF AMERICA, Plaintiff, v. JERRY POOL, Defendant.
BENJAMIN B. WAGNER United States Attorney PHILLIP A. TALBERT MICHELLE A. PRINCE Assistant U.S. Attorneys
BENJAMIN B. WAGNER
United States Attorney
PHILLIP A. TALBERT
MICHELLE A. PRINCE
Assistant U.S. Attorneys
PRELIMINARY ORDER OF FORFEITURE
Based upon the plea agreement entered into between plaintiff United States of America and defendant Jerry Pool it is hereby ORDERED, ADJUDGED AND DECREED as follows:
1. Pursuant to 18 U.S.C. § 2253, defendant Jerry Pool's interest in the following property shall be condemned and forfeited to the United States of America, to be disposed of according to law:
a) One Dell computer, model number 8200, serial number 3S8P411;
b) One Seagate computer hard drive (80 GB), model number ST380021A, serial number 3HV0F9NT.
2. The above-listed property was used or intended to be used to commit or to promote the commission of a violation of 18 U.S.C. § 2252(a)(4)(B).
3. Pursuant to Rule 32.2(b), the Attorney General (or a designee) shall be authorized to seize the above-listed property. The aforementioned property shall be seized and held by the Department of Homeland Security, Customs and Border Protection, in its secure custody and control.
4. a. Pursuant to 18 U.S.C. § 2253(b), incorporating 21 U.S.C. § 853(n), and Local Rule 171, the United States shall publish notice of the order of forfeiture. Notice of this Order and notice of the Attorney General's (or a designee's) intent to dispose of the property in such manner as the Attorney General may direct shall be posted for at least 30 consecutive days on the official internet government forfeiture site www.forfeiture.gov. The United States may also, to the extent practicable, provide direct written notice to any person known to have alleged an interest in the property that is the subject of the order of forfeiture as a substitute for published notice as to those persons so notified.
b. This notice shall state that any person, other than the defendant, asserting a legal interest in the above-listed property, must file a petition with the Court within sixty (60) days from the first day of publication of the Notice of Forfeiture posted on the official government forfeiture site, or within thirty (30) days from receipt of direct written notice, whichever is earlier.
5. If a petition is timely filed, upon adjudication of all third-party interests, if any, this Court will enter a Final Order of Forfeiture pursuant to 18 U.S.C. § 2253, in which all interests will be addressed.
EDWARD J. GARCIA
United States District Judge