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United States v. Saterstad

United States District Court, D. Nevada

April 23, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
RICHARD LEE SATERSTAD, Defendant.

          PRELIMINARY ORDER OF FORFEITURE

          HONORABLE ANDREW P. GORDON UNITED STATES DISTRICT JUDGE.

         This Court finds Richard Lee Saterstad was found guilty of Count One of a One-Count Criminal Indictment charging him with receipt or distribution of child pornography in violation of 18 U.S.C. § 2252A(a)(2). Criminal Indictment, ECF No. 1; Verdict, ECF No. 219; Findings of Fact and Conclusions of Law, ECF No. 221; Minutes of Trial, ECF No. 223.

         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 Allegations of the Criminal Indictment and the offense to which Richard Lee Saterstad was found guilty. Criminal Indictment, ECF No. 1; Amended Bill of Particulars, ECF No. 85; Verdict, ECF No. 219; Findings of Fact and Conclusions of Law, ECF No. 221; Minutes of Trial, ECF No. 223.

         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 (2) any property, real or personal, used or intended to be used to commit or to promote the commission of 18 U.S.C. § 2252A(a)(2) 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. Toshiba Satellite laptop computer, Model No. L305D-S5974, SN Y9311882Q;
2. Western Digital 1TB My Passport external hard drive, SN WXN1E32LZWDM;
3. Western Digital 1.5 TB external hard drive, Model No. WDBAAF0015HBK-00, SN WMAVU1064968;
4. Toshiba 250 GB SATA laptop hard drive, SN 20LB00JB1W1DPV;
5. 54 CD's & DVD's; and
6. Toshiba Satellite laptop computer, Model No. L45-S7409, SN X7071397R (all of which constitutes property).

         This Court finds that the United States of America may amend this order at any time to add subsequently located property or substitute property to the forfeiture order pursuant to Fed. R. Crim. P. 32.2(b)(2)(C) and 32.2(e).

         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 Richard Lee Saterstad in the aforementioned property are forfeited and are vested in the United States of America and shall be ...


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