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United States v. Ashley

United States District Court, D. Massachusetts

April 5, 2017

UNITED STATES OF AMERICA
v.
BRIAN ASHLEY, Defendant.

          PRELIMINARY ORDER OF FORFEITURE

          GEORGE A. O'TOOLE, JR United States District Judge

         WHEREAS, on March 31, 2016, a federal grand jury sitting in the District of Massachusetts returned a two-count Indictment, charging defendant Brian Ashley (the "Defendant") with Distribution of Child Pornography, in violation of 18 U.S.C. §§ 2252A(a)(2)(A), and (b)(1) (Count One), and Possession of Child Pornography, in violation of 18 U.S.C. §§ 2252A(a)(5)(B), and (b)(2) (Count Two);

         WHEREAS, the Indictment also contained a forfeiture allegation, pursuant to 18 U.S.C. § 2253, which provided notice that the United States would seek forfeiture of any visual depiction described in Sections 2251, 2251 A, 2252, 2252A, 2252B, or 2260 of Chapter 110 of Title 18, or any book, magazine, periodical, film, videotape, or other matter which contains any visual depiction, which was produced, transported, mailed, shipped, or received in violation of Chapter 110 of Title 18; any property, real or personal, constituting or traceable to gross profits or other proceeds obtained from such offenses; and any property, real or personal, used or intended to be used to commit or to promote the commission of such offenses or any property traceable to such property; and the property to be forfeited includes the following:

(a) one Samsung SCHI 545 mobile phone;
(b) one Samsung SM-N920V mobile phone;
(c) one Toshiba Laptop Computer, bearing serial number G66C0002GC10;
(d) one HP Pavilion Desktop Computer, bearing serial number MXF7460FZY;
(e) one MAXTOR HDD hard drive, bearing serial number Y2KTZ3KE; and
(f) one Compaq Laptop Computer, bearing serial number 9X2AKSBZ91S2 (collectively, the "Properties");

         WHEREAS, the Indictment further provided that, if any of the above-described forfeitable property, as a result of any act or omission by the Defendant, (a) cannot be located upon the exercise of due diligence; (b) has been transferred or sold to, or deposited with, a third party; (c) has been placed beyond the jurisdiction of the Court; (d) has been substantially diminished in value; or (e) has been commingled with other property which cannot be divided without difficulty, the United States is entitled to seek forfeiture of any other property of the Defendant, up to the value of such assets, pursuant to 18 U.S.C. § 2253(b), incorporating 21 U.S.C. § 853(p);

         WHEREAS, on March 13, 2017, at a hearing pursuant to Rule 11 of the Federal Rules of Criminal Procedure, the Defendant pled guilty to Counts One and Two of the Indictment;

         WHEREAS, during the hearing, the United States gave a recitation of the facts, and described how the Properties being forfeited contained at least one visual depiction described in Sections 2251, 2251 A, 2252, 2252 A, 2252B, or 2260 of Chapter 110 of Title 18, or any book, magazine, periodical, film, videotape, or other matter which contains any visual depiction, which was produced, transported, mailed, shipped, or received in violation of Chapter 110 of Title 18; any property, real or personal, constituting or traceable to gross profits or other proceeds obtained from such offenses; and any property, real or personal, used or intended to be used to commit or to promote the commission of such offenses or any property traceable to such property;

         WHEREAS, in light of the Defendant's guilty plea, the United States has established the requisite nexus between the Properties and the offenses to which the Defendant pled guilty, and accordingly, the Properties are subject to forfeiture to the United States pursuant to 18 U.S.C. § 2253;and

         WHEREAS, pursuant to 18 U.S.C. § 2253, and Rule 32.2(b)(2) of the Federal Rules of Criminal Procedure, the United States is now entitled to a ...


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