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United States v. Johnston

United States District Court, D. Nevada

September 5, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
RICKY DAMIAN JOHNSTON, Defendant.

          PRELIMINARY ORDER OF FORFEITURE

         This Court finds that defendant Ricky Damian Johnston pled guilty to Count Two 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, ECF No.___; Plea Agreement, ECF No.___ .

         This Court finds defendant Ricky Damian Johnston agreed to the forfeiture of the property set forth in the Plea Agreement, the Bill of Particulars, and the Forfeiture Allegation of the Criminal Indictment. Criminal Indictment, ECF No. 1; Bill of Particulars, ECF No. 19; Change of Plea, 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 Plea Agreement, the Bill of Particulars, and the Forfeiture Allegation of the Criminal Indictment and the offense to which defendant Ricky Damian Johnston pled guilty.

         The following assets are (1) any visual depiction described in Title 18, United States Code, Section 2252A, or any book, magazine, periodical, film, videotape, or other matter which contains any such visual depiction, which was produced, transported, mailed, shipped or received in violation of Title 18, United States Code, Section 2252A(a)(2) and (2) any property, real or personal, used or intended to be used to commit or to promote the commission of Title 18, United States Code, Section 2252A(a)(2) or any property traceable to such property, and are subject to forfeiture pursuant to Title 18, United States Code, Section 2253(a)(1) and (a)(3):

1. One (1) White Dell computer tower - Model No. Dimension E510, Serial No. HMFXC91, containing a Maxtor 160GB SATA hard drive - Model No. 6V160EO, Serial No. V3931V7G;
2. One (1) White generic computer tower with no model or serial numbers, containing a Maxtor 30GB IDE hard drive - Model No. 6E030L0711205, Serial No. E13E97ZN;
3. One (1) White generic computer tower with no model or serial numbers, containing a Maxtor 10GB IDE hard drive - Model No. 91021U2, Serial No. G229X1QC;
4. One (1) White Dell computer tower - Model No. Dimension XPS R450, Serial No. UK369, containing an IBM 13GB IDE hard drive - Model No. DTTA-371290, Serial No. WMOWMF23831;
5. One (1) Dell laptop computer - Model No. XPS M1710, Serial No. 22XXVB1, containing a Seagate 160GB SATA hard drive - Model No. ST9160823AS, Serial No. 5NK05QQP;
6. One (1) Dell computer tower - Model No. Dimension 8200, Serial No. BLKTZ11, containing a Western Digital 80GB IDE hard drive - Model No. WD800, Serial NO.WMA8E3970495;
7. One (1) Western Digital My Passport 750GB external hard drive, Serial No. WXCOAA991369;
8. Five (5) Iomega 100MB zip disks;
9. Two (2) Impact 128MB S.D. cards;
10. Twenty (20) San Disk 256MB micro ...

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