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United States v. Duong

United States District Court, D. Nebraska

August 28, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
PHONG T. DUONG and OANH T. PHAM, Defendants.

          PRELIMINARY ORDER OF FORFEITURE

          ROBERT F. ROSSITER, JR. UNITED STATES DISTRICT JUDGE

         This matter is before the Court on the government's Motion for Preliminary Order of Forfeiture (Filing No. 56). The Court has carefully reviewed the record in this case and finds as follows:

         1. On June 28, 2019, defendant Oanh T. Pham (“Pham”) pled guilty to Count IV of the Indictment and admitted the Forfeiture Allegation. Count IV of the Indictment charged Pham with trafficking fish and wildlife in violation of state law, in violation of 16 U.S.C. § 3372(a)(2)(A), 16 U.S.C. § 3373(d)(2) and 18 United States Code § 2.

         2. On June 28, 2019, defendant Phong T. Duong (“Duong”) pled guilty to Count I of the Indictment and admitted the Forfeiture Allegation. Count I of the Indictment charged Duong with conspiracy to commit Lacy Act violations, in violation of 18 United States Code § 371.

         3. The Forfeiture Allegation of the Indictment sought forfeiture, pursuant to 16 U.S.C. § 3374(a)(2), of any property and equipment used to aid in the transporting, selling, receiving, or acquiring fish and wildlife.

         4. Based on Pham and Duong's guilty pleas and admission, Pham and Duong forfeited their interest in a Crestliner Fishing Boat, Nebraska registration NB024ST (more particularly described as being 16 feet in length with a Hull Identification Number (“HIN”) NOR84816D202), which included the following equipment in, attached to, or part of the Boat (the “Property”):

• an Eagle Tri-finder fish locator - Serial Number 10804248;
• a Humminbird 404SX fish locator with mount - Serial Number 7085332;
• a Lowrance Xl35 Sonar with mount - Serial Number 103056490;
• a 75 Horsepower Mercury Four-stroke outboard motor - Serial Number 0T447190;
• a bow-mounted electric trolling motor; and
• a Yacht Club Model R1818 single axle, boat trailer, bearing identification number 4H100191910293703, last known bearing Nebraska license plate number XLR 727.

         5. Pursuant to Federal Rule of Criminal Procedure 32.2(b)(3), 28 U.S.C. § 2461, and 21 U.S.C. § 853, the Court's Order authorizes the Attorney General (or a designee) ...


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