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United States v. Spradlin

United States District Court, D. Idaho

July 6, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
TRAVIS L. SPRADLIN, Defendant.

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

          B. Lynn Winmill Chief Judge

         Final Order of Forfeiture:

         [ X ] anticipated

         [ ] not anticipated

         This matter having come before the Court on Plaintiff's Motion for Preliminary Order of Forfeiture, Final as to Defendant (Dkt. 34), and based upon the record and filings herein, and the Rule 11 Plea Agreement of TRAVIS L. SPRADLIN (Dkt. 22), filed in the above case on or about December 2, 2016, by which the defendant pled guilty to a violation of 18 U.S.C. § 2252A(a)(2)(A), 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. 34) 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. § 2252A(a)(2)(A), and any property traceable to such property, to include, but not be limited to, the following property (hereinafter “Subject Property”):

         Subject Property: The following property seized from the defendant's residence in Boise, Idaho on or about September 29, 2015, and which contained images and/or videos of child pornography:

         1. A Seagate 160 GB Hard Drive, serial number 5MA4VS59, bearing a manufacturer's trade label "Made in China;"

         2. A Samsung Galaxy S5 Model SM-G870A, IMEI number 353501063126015, bearing a manufacturer's trade label "Made in Korea;" and

         3. An HP Tower Computer, Model M9000, serial number MXX7500RY9, containing a Hitachi 300 GB hard drive, serial number VFL204R2FSDJ8B, bearing a manufacturer's trade label "Product of Thailand."

         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 ...


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