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United States v. Thompson

United States District Court, D. Nevada

October 28, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
DAVID YODER, Defendant.

          PRELIMINARY ORDER OF FORFEITURE

          HONORABLE JENNIFER A. DORSEY UNITED STATES DISTRICT JUDGE.

         This Court finds David Yoder pled guilty to Counts One and Five of a Five-Count Superseding Criminal Indictment charging him in Count One with child exploitation enterprise in violation of 18 U.S.C. § 2252A(g) and in Count Five with conspiracy to distribute child pornography in violation of 18 U.S.C. § 2252A(a)(3). Superseding Criminal Indictment, ECF No. 14; Change of Plea, ECF No. __; Plea Agreement, ECF No. __.

         This Court finds David Yoder agreed to the forfeiture of the property set forth in the Plea Agreement, the Bill of Particulars, and the Forfeiture Allegations of the Superseding Criminal Indictment. Superseding Criminal Indictment, ECF No. 14; Bill of Particulars, ECF No. 34; 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, and the Forfeiture Allegations of the Superseding Criminal Indictment and the offenses to which David Yoder 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(g) and 2252A(a)(3); (2) any property, real or personal, constituting or traceable to gross profits or other proceeds obtained from a violation of 18 U.S.C. § 2252A(g) and 2252A(a)(3); and (3) any property, real or personal, used or intended to be used to commit or to promote the commission of 18 U.S.C. § 2252A(g) and 2252A(a)(3) 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. Dell computer tower, Model No. Vosrro 400, Serial No. D2CXRF1, containing a Seagate 1 TB SATA hard drive, Model No. ST1000DM003, Serial No. S1D0MRJQ;
2. Hitachi 2TB external hard drive, Model No. HT0LDNB20001BBB, Serial No. F31G2NXD;
3. Western Digital 1TB hard drive, Model No. WD10EADS, Serial No.WCAV5M930266.
4. San Disk Card Reader;
5. San Disk 16GB Compact Flash Card;
6. Panasonic Video Camera, Model No. SDR-H85P, Serial No. J01A18002;
7. 2 micro video cassettes;
8. Proof of residence documents;
9. Compaq Presario laptop computer, Model No. CQ57, Serial No. 5CB2174R1P, containing a Seagate 320GB SATA hard drive, Model No. ST9320325AS, Serial No 6VDFR10V;
10. Canon Mark II digital camera, Serial No. 4252102526;
11. Emachines desktop computer, Model No. EL1850, Serial No. PTNBK02012040038589600, containing a 500GB SATA hard drive, Model No. ...

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