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United States v. Cameron

United States District Court, N.D. Florida, Pensacola Division

June 13, 2019

UNITED STATES OF AMERICA
v.
CHARLES M. CAMERON

          PRELIMINARY ORDER OF FORFEITURE

          M. CASEY RODGERS UNITED STATES DISTRICT JUDGE

         THIS CAUSE CAME ON before the Court on the Motion of the United States of America for a Preliminary Order of Forfeiture. Being fully advised in the premises, the Court finds:

         WHEREAS, on August 21, 2018, a Federal Grand Jury sitting in the Northern District of Florida issued a three-count Indictment against the defendant, charging him in Count One with receipt of child pornography, in violation of Title 18, United States Code, Sections 2252A(a)(2) and 2252A(b)(1); in Count Two with distribution of child pornography, in violation of Title 18, United States Code, Sections 2252A(a)(2) and 2252A(b)(1); and in Count Three with possession of child pornography that involved a prepubescent minor and a minor who had not attained twelve years of age, in violation of Title 18, United States Code, Sections 2252A(a)(5)(B) and 2252A(b)(2); and

         WHEREAS, the Indictment included a criminal forfeiture provision, pursuant to Title 18, United States Code, Section 2253; and

         WHEREAS, on February 19, 2019, the defendant pled guilty to Count One and the government will move to dismiss Count Two and Three at sentencing. As part of his guilty plea, the defendant agreed that his sentence included the forfeiture of all forfeitable assets which included the below-described property:

         A. One 16GB Samsung Galaxy Tablet containing a microSD card;

         B. One Enermax desktop computer containing two two-terabyte hard drives;

         C. One LG cellphone with 32GB Sandisk ultra micro S.D. card.

         WHEREAS, being fully advised in the premises, the Court finds, based on the evidence already in the record and that the above-listed property is subject to forfeiture pursuant to Title 18, United States Code, Section 2253, and that the government has established the requisite nexus between such property and the offenses to which he pled guilty.

         Accordingly, it is hereby ORDERED that based on the foregoing, the United States' motion is GRANTED.

         It is FURTHER ORDERED that, pursuant Title 18, United States Code, Section 2253; Title 28, United States Code, Section 2461(c); and Rule 32.2(b)(4) of the Federal Rules of Criminal Procedure, the defendant's interest in the assets identified-above is hereby forfeited to the United States for disposition according to law.

         It is FURTHER ORDERED that, upon the entry of this Order, the United States is authorized to seize the assets above, whether held by the defendant or by a third party, and to conduct any discovery proper in identifying, locating or disposing of the property subject to forfeiture, in accordance with Federal Rules of Criminal Procedure, Rule 32.2(b)(3).

         It is FURTHER ORDERED that, upon entry of this Order, the United States is authorized to commence any applicable proceeding to comply with statutes governing third party rights, including giving notice of this Order.

         It is FURTHER ORDERED that, in accordance with the law, the United States shall cause to be published at least once, notice of this Order, notice of its intent to dispose of the property in such manner as the Attorney General (or a designee) may direct, and notice that any person, other than the defendant, having or claiming a legal interest in the aforementioned property must file a petition with the Court within thirty (30) days of the final publication of the notice, or within sixty (60) days of the first date of publication on an official internet government forfeiture site at ...


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