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United States v. Fisher

United States District Court, D. Nevada

July 19, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
JOSHUA RAY FISHER, Defendant.

          PRELIMINARY ORDER OF FORFEITURE

          HONORABLE ANDREW P. GORDON UNITED STATES DISTRICT JUDGE

         This Court finds Joshua Ray Fisher pled guilty to Counts 6, 8, 9, 10, 11, and 12 of a 13-Count Second Superseding Criminal Indictment charging him in Count 6 with possession of child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B); in Count 8 with sexual exploitation of children in violation of 18 U.S.C. § 2251(a); in Count 9 with receipt of child pornography in violation of 18 U.S.C. § 2252A(a)(2); in Count 10 with possession of child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B); in Count 11 with coercion and enticement in violation of 18 U.S.C. § 2422(b); and in Count 12 with conspiracy -sexual exploitation of children in violation of 18 U.S.C. § 2251(a) and (e). Second Superseding Criminal Indictment, ECF No. 135; Change of Plea, ECF No.__; Plea Agreement, ECF No.__.

         This Court finds Joshua Ray Fisher agreed to the forfeiture of the property set forth in the Plea Agreement, the Bill of Particulars for Forfeiture of Property as to the Second Superseding Criminal Indictment, and the Forfeiture Allegation of the Second Superseding Criminal Indictment. Second Superseding Criminal Indictment, ECF No. 135; Bill of Particulars for Forfeiture of Property as to the Second Superseding Criminal Indictment, ECF No. 143; 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 for Forfeiture of Property as to the Second Superseding Criminal Indictment, and the Forfeiture Allegations of the Second Superseding Criminal Indictment and the offenses to which Joshua Ray Fisher pled guilty.

         The following property is (a) any visual depiction described in 18 U.S.C. §§ 2251 and 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. §§ 2251(a) and (e), 2252A(a)(2), and 2252A(a)(5)(B); (b) any property, real or personal, used or intended to be used to commit or to promote the commission of 18 U.S.C. §§ 2251(a) and (e), 2252A(a)(2), and 2252A(a)(5)(B) or any property traceable to such property; (c) any property, real or personal, that was used or intended to be used to commit or to facilitate the commission of violations of 18 U.S.C. § 2422(b); and (d) any property, real or personal, used or intended to be used to commit or to facilitate the commission of violations of 18 U.S.C. § 2422(b), and is subject to forfeiture pursuant to 18 U.S.C. § 2253(a)(1) and (a)(3); 18 U.S.C. § 2428(a)(1); and 18 U.S.C. § 2428(b)(1)(A) with 28 U.S.C. § 2461(c):

1. Black Trooper CM Storm Desktop Tower, S/N 5GC5000KKN11125100048;
2. Gray HP Z820 Desktop Tower, S/N 2UA2320F46;
3. Black Cooler Computer Tower (no side cover), S/N RC361KKR3501132900347;
4. HP DV6 Pavilion Entertainment PC w/power cord, S/N CNF91102T5;
5. Black HP E840 Elitebook Laptop, S/N CNU4239LSS;
6. Gray HP 6460b Probook Laptop w/cord, S/N CNU1423J88;
7. Gray Sony PCG VAIO Laptop, S/N 00043-604434-145;
8. Gray Dell XPS Laptop w/cord, S/N CR88G72;
9. Black Lenovo 20378 Laptop w/cord, S/N CB33024405;
10. Simple 96300 1TB Drive w/cord, S/N 0913508101000423029;
11. Silver Seagate Barracuda 300GB HDD, S/N 4NF00PKK;
12. Silver Maxtor Pro 50 500GB HDD, S/N H813ATTH;
13. Simple 1TB HDD, S/N 09135191000603283;
14. 13 Misc. CDs/DVDs;
15. HTC Inspire cell phone w/cracked screen;
16. Champagne Samsung S7 Galaxy Edge cell phone, IMEI: ...

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