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United States v. Williams

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

April 25, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
JOSEPH WILLIAMS, Defendant.

          PRELIMINARY ORDER OF FORFEITURE

          MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE.

         1. On January 18, 2017, the United States obtained an Indictment against Defendant. (ECF No. 1). The Indictment charged Defendant with Count One, Attempted Production of Child Pornography in violation of 18 U.S.C. § 2251(a); Count Two, Production of Child Pornography in violation of 18 U.S.C. § 2251(a); and Count Three, Possession of Child Pornography in violation of 18 U.S.C. § 2252A(a)(5).

         2. The Indictment contained a Forfeiture Allegation which provided notice that upon conviction of the offense charged in Count One of the Indictment, the Defendant shall, pursuant to 18 U.S.C. § 2253, forfeit to the United States the following:

i. Any visual depiction described in 18 U.S.C. §§ 2251, 2251A, or 2252A, 2252B, or 2260, or any 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 these subsections;
ii. Any property, real or personal, constituting or traceable to gross profits or other proceeds obtained from such offense; and
iii. Any property, real or personal, used or intended to be used to commit or promote the commission of such offense or any property traceable to such property.

         3. On or about September 20, 2017, Defendant pleaded guilty to Count One, Attempted Production of Child Pornography in violation of 18 U.S.C. § 2251(a) (ECF No. 38).

         4. There is a sufficient nexus to the below listed property and Defendant's Title 18 violation, and therefore, the following property is subject to forfeiture to the United States under 18 U.S.C. § 2253 (hereinafter collectively referred to as the “Subject Property”):

a) Black Emachines desktop CPU, model #T3642, s/n: XC67C 300 06906 containing Western Digital 250 GB hard drive, model #WD2500JS, s/n: WCANKL578104;
b) Black Dell Inspiron desktop CPU, model #D098. s/n: JNS1Q02 containing 500 GB Toshiba hard drive, s/n: 14Q1A8XKS;
c) Silver Argus digital camera, model #DC1510;
d) Burned DVD's, DVD recordings, viewed DVD's, loose CD-R disc, DVD-R disc, CDR-W discs and VHS tape labeled Elvis Memories;
e) Black Sandisk Micro S.D. card 8 GB and Sandisk Adapter;
f) Black Sandisk Cruzer Glide 32 GB thumb drive, s/n: ...

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