Opinion
CR21-021-RSM
05-06-2022
UNITED STATES OF AMERICA, Plaintiff, v. ERIC JEFFREY HOGAN, Defendant.
KRISTA K. BUSH Assistant United States Attorney United States Attorney's Office
KRISTA K. BUSH Assistant United States Attorney United States Attorney's Office
FINAL ORDER OF FORFEITURE
RICARDO S. MARTINEZ, CHIEF UNITED STATES DISTRICT JUDGE
THIS MATTER comes before the Court on the United States' Motion for Entry of a Final Order of Forfeiture for the following property:
1. One LG G8X ThinQ Dual Screen Smartphone (serial number illegible) contained inside a phone case with S/N: 912SVBB0551053, seized from ERIC JEFFREY HOGAN on or about November 10, 2021.
The Court, having reviewed the United States' motion, as well as the other pleadings and papers filed in this matter, HEREBY FINDS that entry of a Final Order of Forfeiture is appropriate for the following reasons:
2. In the Plea Agreement that Defendant Hogan entered on November 10, 2021, he agreed to forfeit his interest in the above-identified property as property used to commit or to promoted commission of the offense, Attempted Possession of Child Pornography, and/or property that consisted of prohibited images, in violation of 18 U.S.C. §§ 2252(a)(4)(B) and (b)(2), to which he entered a guilty plea (Dkt. No. 33, ¶ 14);
3. On December 28, 2021, the Court entered a Preliminary Order of Forfeiture, finding the above-identified property forfeitable pursuant to 18 U.S.C. § 2253(a) and forfeiting the Defendant's interest in it (Dkt. No. 38);
4. Thereafter, the United States published notice of the pending forfeiture as required by 21 U.S.C. § 853(n)(1) and Federal Rule of Criminal Procedure (“Fed. R. Crim. P.”) 32.2(b)(6)(C) (Dkt. No. 41), and also provided direct notice to one potential claimant as required by Fed. R. Crim. P. 32.2(b)(6)(A) (Declaration of Assistant U.S. Attorney Krista K. Bush in Support of Motion for Entry of a Final Order of Forfeiture, ¶ 2, Exhibit A); and
5. The time for filing third-party petitions has expired and none were filed.
NOW, THEREFORE, THE COURT ORDERS:
1. No right, title, or interest in the above-listed property exists in any party other than the United States;
2. The property is fully and finally condemned and forfeited, in its entirety, to the United States; and Final Order of Forfeiture
3. The United States Department of Justice, the Federal Bureau of Investigation, and/or its representatives, are authorized to dispose of the property in accordance with the law.
IT IS SO ORDERED.