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United States v. Linscheid

United States District Court, D. Nevada

October 7, 2019

United States of America, Plaintiff,
v.
Randall Linscheid, Defendant

          PRELIMINARY ORDER OF FORFEITURE

          HONORABLE MIRANDA M. DU, UNITED STATES DISTRICT JUDGE.

         This Court finds Randall Linscheid pled guilty to Count Two of a Two-Count Indictment charging him with possession of child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B). Indictment, ECF No. 1; Change of Plea, ECF No. 30; Plea Agreement, ECF No. 31.

         This Court finds Randall Linscheid agreed to the forfeiture of the property set forth in the Plea Agreement and the Forfeiture Allegation of the Indictment. Indictment, ECF No. 1; Change of Plea, ECF No. 30; Plea Agreement, ECF No. 36.

         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 and the Forfeiture Allegation of the Indictment and the offense to Randall Linscheid 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)(5)(B) 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)(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. Acer ZRQ Laptop, Serial Number: NXMP2AA0014190E5D27600;
2. Lenovo Laptop Idea Pad 120S, Serial Number: YD02Z9PM; and
3. Toshiba Hard Drive, Serial Number: Z411SACPS64A (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 Randall Linscheid in the aforementioned property are forfeited and are vested in the United States of America and shall be safely held by the United States of America until further order of the Court.

         IT IS FURTHER ORDERED, ADJUDGED, AND DECREED the United States of America shall publish for at least thirty (30) consecutive days on the official internet government forfeiture website, www.forfeiture.gov, notice of this Order, which shall describe the forfeited property, state the time under the applicable statute when a petition contesting the forfeiture must be filed, and state the name and contact information for the government attorney to be served with the petition, pursuant to Fed. R. Crim. P. 32.2(b)(6) and 21 U.S.C. § 853(n)(2).

         IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that any individual or entity who claims an interest in the aforementioned property must file a petition for a hearing to adjudicate the validity of the petitioner's alleged interest in the property, which petition shall be signed by the petitioner under penalty of perjury pursuant to 21 U.S.C. § 853(n)(3) and 28 U.S.C. § 1746, and shall set forth the nature and extent of the petitioner's right, ...


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