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United States v. Mobley

United States District Court, W.D. Washington, Tacoma

February 3, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
JAMES DONALD MOBLEY, Defendant.

MATTHEW H. THOMAS, Assistant United States Attorney, United States Attorney's Office, Tacoma, Washington.

[PROPOSED] PRELIMINARY ORDER OF FORFEITURE

RONALD B. LEIGHTON, District Judge.

Pursuant to Rule 32.2 of the Federal Rules of Criminal Procedure, based on the guilty plea of JAMES DONALD MOBLEY to Possession of Child Pornography, as charged in Count 2 of the Indictment, in violation of Title 18, United States Code, Sections 2552(a)(4)(B) and (b)(2), and based on the Plea Agreement filed in this matter between JAMES DONALD MOBLEY and the United States, in which the defendant agreed to the forfeiture of the assets listed below, it is hereby:

ORDERED, ADJUDGED, and DECREED that, pursuant to Title 18, United States Code, Section 2253(a), JAMES DONALD MOBLEY's interest in the following property is hereby forfeited to the United States of America:

a. One (1) USB thumb drive;
b. One (1) Compaq laptop computer;
c. One (1) Simple Tech external hard drive; and
d. Any and all images of child pornography, in whatever form and however stored.

The Court finds that the property listed in paragraphs (a) through (c) above is subject to forfeiture as property, real or personal, that was used or intended to be used, to commit or promote the commission of the charged offenses. The property listed in paragraph (d) above is subject to forfeiture because it constitutes the visual depictions themselves as described in Title 18, United States Code, Section 2252, or is a 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 Title 18, United States Code, Chapter 110. The depictions and images listed in paragraph (d), as well as the media upon which they are contained, shall be destroyed or retained for official (investigative) use by the Attorney General pursuant to Title 21, United States Code, Sections 853(i) and 881(e).

IT IS FURTHER ORDERED that the United States Marshals Services, and/or its agents and representatives, shall seize the properties (a) and (c), and maintain the said properties in its custody and control until further order of this Court. The United States Department of Homeland Security, Immigration and Customs Enforcement shall seize and destroy the depictions and images listed in (d) above unless they have previously been destroyed by the seizing agency or retained for official, investigative use.

IT IS FURTHER ORDERED that pursuant to Title 21, United States Code, Section 853(n), the United States shall publish notice of the Preliminary Order of Forfeiture and of the intent of the United States to dispose of the property in accordance with law. The notice shall be posted on an official government website for at least thirty (30) days. The notice shall state that any person, other than the defendant, having or claiming a legal interest in the above-described property must file a petition with the Court within sixty (60) days of the first day of publication of notice (which is thirty (30) days from the last day of publication) on an official internet government forfeiture website, currently www.forfeiture.gov, or within thirty-five (35) days of receipt of actual notice, whichever is earlier.

The notice shall advise such interested persons that:

1. The petition shall be for a hearing to adjudicate the validity of the petitioner's alleged ...

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