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United States v. Surdel

United States District Court, D. Nevada

April 15, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
ROBERT WILLIAM SURDEL, Defendant.

          AMENDED PRELIMINARY ORDER OF FORFEITURE

          HONORABLE JENNIFER A. DORSEY UNITED STATES DISTRICT JUDGE.

         This Court finds Robert William Surdel pled guilty to Counts One and Two of a Two-Count Criminal Indictment charging him in Count One with receipt of child pornography in violation of 18 U.S.C. § 2252A(a)(2) and in Count Two with possession of child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B). Criminal Indictment, ECF No. 1; Change of Plea, ECF No. 31; Plea Agreement, ECF No. 32.

         This Court finds Robert William Surdel 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. 29; Change of Plea, ECF No. 31; Plea Agreement, ECF No. 32.

         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 offenses to which defendant Robert William Surdel pled guilty.

         The following property is (1) any visual depiction described in 18 U.S.C. § 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 18 U.S.C. § 2252A(a)(2) and 2252A(a)(5)(B) and (2) any property, real or personal, used of intended to be used to commit or to promote the commission of 18 U.S.C. § 2252A(a)(2) and 2252A(a)(5)(B) or any property traceable to such property, and is subject to forfeiture pursuant to 18 U.S.C. § 2253(a)(1) and 2253(a)(3):

1. Samsung Galaxy S6 SM-G92OP cell phone, bearing IMEI 990005789968105;
2. LG Tribute 5 LS675 cell phone, bearing IMEI 356948071906051;
3. Apple iPhone 5S A1453 cell phone, bearing IMEI 352029060646224;
4. Dell Venue 3730 Tablet, bearing S/T CT1NHZ1;
5. Toshiba AT300 Tablet, bearing S/N 4C216495R;
6. Western Digital Element external HDD, bearing S/N WCAZA5461008;
7. HP Pavilion G6 Laptop, bearing S/N 5CD2411007;
8. Toshiba Hard Drive MQ01ABD075, bearing S/N 9254C05JT;
9. Samsung Galaxy tablet (white), model # SM-T113, s/n: ...

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