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United States v. Reif

United States District Court, D. Nevada

February 20, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
SHERMAN DAVID REIF, Defendant.

          PRELIMINARY ORDER OF FORFEITURE

         This Court finds that defendant Sherman David Reif 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)(B). Criminal Indictment, ECF No. 1; Change of Plea, ECF No. 52

         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 Bill of Particulars and the Forfeiture Allegations of the Criminal Indictment and the offense to which defendant Sherman David Reif pled guilty. Criminal Indictment, ECF No. 1; Bill of Particulars, ECF No. 17; Change of Plea, ECF No. 52

         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)(B) 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)(B) 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. Compaq Presario computer SR2170NX, serial number CNH7060T43;
2. Western Digital 160 gigabyte SATA hard drive, serial number WCANM9097861;
3. PNY Attache 8 gigabyte thumb drive;
4. Lexar 2 gigabyte thumb drive, serial number 33060-2GBB-4807;
5. Apple iPod 2 gigabyte, serial number 7K722N42VQ5;
6. Apple iPod 8 gigabyte, serial number 7K744ZZEYXX;
7. Three (3) TDK Silver Compact discs, bearing serial numbers 3126KI151LH13821, 3126KI151LH13820, and 3126KI151LH13079;
8. One (1) Silver Memorex CD, serial number N109MF242A839007C1;
9. One (1) Silver Maxell Digital video disc, serial number PEP 6L5KK222007658; and
10. One (1) Gold Memorex CD, serial number HS3158EG312 9869 D3 (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 ...


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