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United States v. Rother

United States District Court, D. Nevada

February 15, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
RYAN AUSTIN ROTHER, Defendant.

          PRELIMINARY ORDER OF FORFEITURE

         This Court finds that defendant Ryan Austin Rother pled guilty to Count One of a One-Count Criminal Indictment charging him with Possession of Child Pornography in violation of Title 18, United States Code, Section 2252A(a)(5). Criminal Indictment, ECF No. 1; Memorandum in Support of Plea without the benefit of a Plea Agreement; ECF No. 30; Change of Plea, ECF No. 38.

         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 Amended Bill of Particulars and the Forfeiture Allegation of the Criminal Indictment and the offense to which defendant Ryan Austin Rother pled guilty.

         The following property is (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)(5) 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)(5) or any property traceable to such property, and is subject to forfeiture pursuant to Title 18, United States Code, Section 2253(a)(1) and 2253(a)(3):

1. Black Gateway computer model SX2800;
2. Hitachi 2TB SATA hard drive Model No. HDS5C3020ALA632, Serial No. F303lWTF;
3. HP Pavilion laptop computer, Model No. dv-6, Serial No. CNF05149TZ;
4. Samsung 640GB SATA hard drive, Model No. HM641J1, Serial No. S25YJ1DZC01353;
5. Western digital external hard drive, Model No. WD100001C800 1TB, Serial No. WCAV47478298;
6. Maxtor 500GB SATA hard drive, Model No. 7H500F0, Serial No. H816QXKH; and
7. Kingston 2GB S.D. card, SHA1 checksum 5e34f432551c320ea8bad05a5a64d69e6dee1l23

         (all of which constitutes 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 possessory rights, ownership rights, and all rights, titles, and interests of Ryan Austin Rother in the aforementioned property is forfeited and is vested in the United States of America and shall be ...


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