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United States v. Poisel

United States District Court, D. Idaho

June 2, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
BRANDON JAMES POISEL, Defendant.

          PRELIMINARY ORDER OF FORFEITURE, FINAL AS TO DEFENDANT [1]

          B. Lynn Winmill Chief Judge.

         This matter having come before the Court on Plaintiff's Motion for Preliminary Order of Forfeiture, Final as to Defendant (Dkt. 26), and based upon the record and filings herein, and the Rule 11 Plea Agreement of BRANDON JAMES POISEL (Dkt. 19), filed in the above case on or about April 7, 2017, by which the defendant pled guilty to a violation of 18 U.S.C. § 2252(a)(4)(B), said plea providing for forfeiture of any and all interests the defendant possessed in the Subject Property pursuant to 18 U.S.C. § 2253;

         NOW, THEREFORE, THE COURT ORDERS that the United States' Motion for Preliminary Order of Forfeiture, Final as to Defendant (Dkt. 26) is GRANTED and the defendant shall forfeit to the United States any property constituting proceeds of, or involved in or used or intended to be used in commission of, the defendant's violation of 18 U.S.C. § 2252(a)(4)(B), and any property traceable to such property, to include, but not be limited to, the following property (hereinafter “Subject Property”):

         Subject Property: The following electronics, which contained visual depictions of minors engaged in sexually explicit conduct, and were seized from the defendant's residence in Chubbuck, Idaho, on or about February 12, 2014:

1. Samsung cellular phone (S4), model SGH-M919, serial number RV1D72LCGSJ, bearing a manufacturer's stamp, “Made in China;”
2. Samsung cellular phone, model SGH-T839, serial number R2DB840322L, bearing a manufacturer's stamp, “Made in Korea;” and
3. Hewlett Packard Pavilion DV7 laptop computer, serial number CNF0250GK3, bearing a manufacturer's stamp, “Made in China.”

         Substitute Assets: Upon a showing that any of the properties and interests described above as being subject to forfeiture, as a result of any action or omission of the defendant above named:

1. Cannot be located upon the exercise of due diligence;
2. Has been transferred or sold to, or deposited with, a third person;
3. Has been placed beyond the jurisdiction of the court;
4. Has been substantially diminished in value; or
5. Has been commingled with other property which cannot be subdivided without difficulty; the United States shall be authorized, pursuant to 21 U.S.C. § 853(p), to seek forfeiture of any other property of the said defendant up to the value of the forfeitable properties and interest herein.

         The Court has determined, based on the guilty plea to Counts One and Two of the Indictment as set out in the defendant's plea agreement, that the above property is subject to forfeiture pursuant to 18 U.S.C. § 2253, and that the United States ...


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