Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Junod

United States District Court, E.D. Michigan, Southern Division

October 3, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
ERIC JUNOD, Defendant.

          BARBARA L. McQUADE United States Attorney, ADRIANA DYDELL Assistant United States Attorney, BENTON C. MARTIN, ESQ., Attorney for Defendant.

          ERIC JUNOD, JAMES R. GEROMETTA, ESQ., Attorney for Defendant.

          STIPULATED PRELIMINARY ORDER OF FORFEITURE

          MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE.

         The United States of America, by and through its attorneys, BARBARA L. McQUADE, United States Attorney for the Eastern District of Michigan, and ADRIANA DYDELL, Assistant United States Attorney, together with Defendant ERIC JUNOD (“Defendant”), individually and by and through his attorneys, JAMES GEROMETTA, ESQ. and BENTON MARTIN, ESQ. hereby submit this Stipulated Preliminary Order of Forfeiture to the Court and stipulate and agree to the following:

         1. The United States of America (the “United States”) obtained a First Superseding Indictment on or around June 30, 2016, which charges Defendant with Count One, Distribution of Child Pornography in violation of 18 U.S.C. § 2252A(a)(2), Count Two, Receipt of Child Pornography in violation of 18 U.S.C. § 2252A(a)(2), Count Three, Possession of Child Pornography in violation of 18 U.S.C. § 2252A(a)(5)(B), Count Four, Attempted Production and/or Production of Child Pornography in violation of 18 U.S.C. § 2251(a) and Count Five, Attempted Online Coercion and Enticement and/or Online Coercion and Enticement of a Minor in violation of 18 U.S.C. § 2422(b). (Docket #56). The First Superseding Indictment contains a Forfeiture Allegation pursuant to 18 U.S.C. §§ 2253 and/or 2428.

         2. On or about September 27, 2016, Defendant pleaded guilty to Count Five of the First Superseding Indictment, which charges Defendant with Attempted Online Coercion and Enticement and/or Online Coercion and Enticement of a Minor in violation of 18 U.S.C. § 2422(b). In the Rule 11 Plea Agreement, Defendant also agreed to forfeit the following property to the United States:

a. One (1) iPhone 4S, FCC ID BCG-E2430A; and
b. One (1) iPad, serial number DMPPS1TQG5VY. (collectively 2.a. and 2.b. shall be referred to as, the “Subject Property”).

         3. In entering into this Stipulation with respect to forfeiture, Defendant expressly waives the requirements of Federal Rules of Criminal Procedure 32.2 and 43(a) regarding notice of forfeiture in the charging instrument, pronouncement of forfeiture at sentencing and incorporation of forfeiture in the judgment and agrees to immediate entry of this Stipulated Preliminary Order of Forfeiture and that this Order shall become final as to Defendant at entry. Defendant also expressly waives his right, if any, to have a jury determine the forfeitability of his interest in the Subject Property.

         4. In entering into this Stipulation with respect to forfeiture, Defendant acknowledges that he understands that forfeiture of the Subject Property is part of the sentence that may be imposed on him in this case and waives his right to challenge any failure by the Court to advise him of this at the time that his guilty plea is accepted pursuant to Federal Rules of Criminal Procedure 11(b)(1)(J).

         5. In entering into this Stipulation with respect to forfeiture, Defendant knowingly, voluntarily, and intelligently waives any challenge to forfeiture of the Subject Property based upon the Excessive Fines Clause of the Eighth Amendment to the United States Constitution.

         6. In entering into this Stipulation with respect to forfeiture, Defendant specifically acknowledges that the Subject Property was involved in, used for, or intended to be used to commit, or to promote the commission of, Attempted Online Coercion and Enticement and/or Online Coercion and Enticement of a Minor in violation of 18 U.S.C. § 2422(b), and is therefore subject to forfeiture to the United States pursuant to 18 U.S.C. § 2428.

         Based on the First Superseding Indictment, Defendant's conviction, the Rule 11 Plea Agreement, this Stipulation, and other information in the record, and pursuant to 18 U.S.C. § 2428, the Subject Property IS FORFEITED to the United States for disposition according to law, and any right, title or interest of Defendant, and any right, title or interest that his heirs, successors or assigns have, or may have, in any of the Subject Property is FOREVER EXTINGUISHED.

         THIS COURT FURTHER ORDERS that upon entry of this Stipulated Preliminary Order of Forfeiture and pursuant to 21 U.S.C. § 853(n), Rule 32.2 of the Federal Rules of Criminal Procedure, and other applicable rules, the United States shall publish on www.forfeiture.gov, for at least thirty consecutive days, notice of this Stipulated Preliminary Order of Forfeiture and of its intent to dispose of the Subject Property. The United States may also, to the extent practicable, provide direct written notice to any person or entity known to have an alleged interest in any of the Subject Property. The aforementioned notice shall direct that any person, other than the Defendant, asserting a legal interest in any of the Subject Property must file a petition with the Court within thirty (30) days of the final date of publication of notice or within thirty (30) days of receipt of actual notice, whichever is earlier. The petition shall be for a hearing before the Court alone, without a jury and in accordance with 21 U.S.C. ยง 853(n), to adjudicate the validity of the petitioner's alleged interest in any identified Subject Property. Any petition filed by a third party asserting an interest in any of the Subject Property must be signed by the petitioner under penalty of perjury and ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.