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United States v. Lynn

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

October 9, 2019

United States of America, Plaintiff,
v.
Gary Don Lynn Jr., Defendant.

          MATTHEW SCHNEIDER United States Attorney GJON JUNCAJ Assistant United States Attorney

          DOUGLAS R. MULLKOFF Attorney for Defendant

          GARY DON LYNN JR. Defendant

          STIPULATED PRELIMINARY ORDER OF FORFEITURE

          HONORABLE MATTHEW F. LEITMAN, UNITED STATES DISTRICT JUDGE.

         The United States of America, by and through its attorneys, MATTHEW SCHNEIDER, United States Attorney for the Eastern District of Michigan, and GJON JUNCAJ, Assistant United States Attorney, together with Defendant GARY DON LYNN JR. ("Defendant"), individually and through his attorney, DOUGLAS R. MULLKOFF, ESQ., hereby submit this Stipulated Preliminary Order of Forfeiture:

         1. An Indictment was filed on or around February 20, 2019, which charged Defendant with Count One, Possession of Child Pornography in violation of 18 U.S.C. § 2252A(a)(5)(B) and (b)(2). (ECF No. 1).

         2. The Indictment also sought criminal forfeiture pursuant to 18 U.S.C. § 2253(a), of any visual depiction described in 18 U.S.C. §§ 2251, 2251 A, or 2252, 2252A, 2252B or 2260 of this chapter, 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; any property, real or personal, constituting or traceable to gross profits or other proceeds obtained from his offense; and any property, real or personal, used or intended to be used to commit or to promote the commission of his offense or any property traceable to such property

         3. Through a First Forfeiture Bill of Particulars (ECF No. 13) filed on April 9, 2019, the United States provided notice to Defendant that the following property was subject to forfeiture to the United States, pursuant to 18 U.S.C. § 2253(a):

a) 8 GB USB Thumb Drive, SanDisk; and
b) 120 GB Micro S.D. Card, Samsung. (hereinafter the "Subject Property").

         4. On October 9, 2019, Defendant pleaded guilty to Count One of the Indictment, Possession of Child Pornography in violation of 18 U.S.C. § 2252A(a)(5)(B) and (b)(2).

         5. In entering into this Stipulation with respect to forfeiture, Defendant acknowledges that he understands forfeiture 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 his guilty plea was accepted, pursuant to Federal Rule of Criminal Procedure 1 l(b)(1)(J).

         6. In entering into this Stipulation with respect to forfeiture, Defendant knowingly, voluntarily, and intelligently waives any challenge to forfeiture of the property described in paragraph 3 ("Subject Property") based upon the Excessive Fines Clause of the Eighth Amendment to the United States Constitution, and specifically acknowledges that the Subject Property was involved in, used for, or intended to be used in his Count One offense of Possession of Child Pornography in violation of 18 U.S.C. §§ 2252A(a)(5)(B) and (b)(2), and is therefore subject to forfeiture to the United States pursuant to 18 U.S.C. § 2253(a).

         7. 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 pronouncement of forfeiture at sentencing and incorporation of forfeiture in the judgment and expressly waives ...


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