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United States of America v. Jerod J. Oliverius

February 19, 2013

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JEROD J. OLIVERIUS, DEFENDANT.



The opinion of the court was delivered by: Richard G. Kopf Senior United States District Judge

PRELIMINARY ORDER OF FORFEITURE

This matter comes on before the Court upon the United States' Motion for Issuance of Preliminary Order of Forfeiture (Filing No. 89). The Court reviews the record in this case and, being duly advised in the premises, finds as follows:

1. The Defendant has entered into a Plea Agreement (Filing No. 85) whereby he has agreed to plead guilty to Count II and the Forfeiture Allegation of the Indictment filed herein. Count II charged the Defendant knowingly possessed one or more items which contained visual depictions of a minor engaged in sexually explicit conduct, in violation of Title 18, United States Code, Section 2252(a)(4)(B). The Forfeiture Allegation sought the forfeiture, pursuant to 18 U.S.C. § 2253, of the following properties on the basis they were used or were intended to be used to facilitate said violation.

a. One black Seagate 500 GB External Hard Drive, Serial #5QMIZMFT, with power cord and USB cords; and

b. One Compaq Presario CQ50 laptop, Serial #2CE836MZJH, and power cord.

2. By virtue of said guilty plea, the Defendant forfeits his interest in the above-described properties, and the United States should be entitled to possession of said properties, pursuant to 18 U.S.C. § 2253.

3. The United States' Motion for Issuance of Preliminary Order of Forfeiture should be sustained.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED as follows:

A. The United States' Motion for Issuance of Preliminary Order of Forfeiture is hereby sustained.

B. Based upon the Forfeiture Allegation of the Indictment and the Defendant's plea of guilty, the United States is hereby authorized to seize the following properties:

1. One black Seagate 500 GB External Hard Drive, Serial #5QMIZMFT, with power cord and USB cords; and

2. One Compaq Presario CQ50 laptop, Serial #2CE836MZJH, and power cord.

C. The Defendant's interest in said properties is hereby forfeited to the United States for disposition in accordance with the law, subject to ...


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