United Statesv.Kaonohi

UNITED STATES DISTRICT COURT DISTRICT OF NEVADADec 17, 2012
2:12-CR-161-JCM-(CWH) (D. Nev. Dec. 17, 2012)

2:12-CR-161-JCM-(CWH)

12-17-2012

UNITED STATES OF AMERICA, Plaintiff, v. BRANDON KANESHIGE KAONOHI, Defendant,


PRELIMINARY ORDER OF FORFEITURE

This Court finds that on December 17, 2012, defendant BRANDON KANESHIGE KAONOHI pled guilty to Count Three of a Four-Count Criminal Indictment charging him in Count Three with Receipt of Child Pornography in violation of Title 18, United States Code, Section 2252A(a)(2). Criminal Indictment, ECF No. 1; Plea Memorandum, ECF No. _.

This Court finds defendant BRANDON KANESHIGE KAONOHI agreed to the forfeiture of the property set forth in Forfeiture Allegation of the Criminal Indictment, the Bill of Particulars, and the Plea Memorandum. Criminal Indictment, ECF No. 1; Bill of Particulars, ECF No. 10; Plea Memorandum, ECF No._.

This Court finds, pursuant to Fed. R. Crim. P. 32.2(b)(1) and (2), the United States of America has shown the requisite nexus between property set forth in the Forfeiture Allegation of the Criminal Indictment and the Bill of Particulars and agreed to in the Plea Memorandum and the offense to which defendant BRANDON KANESHIGE KAONOHI pled guilty.

The following assets are subject to forfeiture pursuant to Title 18, United States Code, Section 2253(a)(1) and 2253(a)(3):

(a) Desktop Computer S/N # 11147144121000256;
(b) External Hitachi Hard Drive S/N # F30LP9GD;
(c) External Seagate Hard Drive S/N #2GHNNJ66;
(d) Sprint Cellular Telephone SPH-M900 S/N # DEC268435459004978301;
(e) Photo Album Containing Printed Pictures of Child Pornography:
(f) Pair of minor female underwear;
(g) 2 Hardbound Books Containing Child Erotica/Pornography;
(h) 12 Compact Discs; and
(i) any book, magazine, periodical, film, videotape, or other matter which contains any such visual depiction, which was produced, transported, mailed, shipped, or received; computer images, including movie and still image files, depicting a minor engaging in sexually explicit conduct and the diskettes and hard drives on which they are maintained.


This Court finds the United States of America is now entitled to, and should, reduce the aforementioned property to the possession of the United States of America.

NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the United States of America should seize the aforementioned property.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED all right, title, and interest of BRANDON KANESHIGE KAONOHI in the aforementioned property is forfeited and is vested in the United States of America and shall be safely held by the United States of America until further order of the Court.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED the United States of America shall publish for at least thirty (30) consecutive days on the official internet government forfeiture website, www.forfeiture.gov. notice of this Order, which shall describe the forfeited property, state the time under the applicable statute when a petition contesting the forfeiture must be filed, and state the name and contact information for the government attorney to be served with the petition, pursuant to Fed. R. Crim. P. 32.2(b)(6) and Title 21, United States Code, Section 853(n)(2).

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED a petition, if any, must be filed with the Clerk of the Court, 333 Las Vegas Boulevard South, Las Vegas, Nevada 89101.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED a copy of the petition, if any, shall be served upon the Asset Forfeiture Attorney of the United States Attorney's Office at the following address at the time of filing:

Michael A. Humphreys
Assistant United States Attorney
Lloyd D. George United States Courthouse
333 Las Vegas Boulevard South, Suite 5000
Las Vegas, Nevada 89101.


IT IS FURTHER ORDERED, ADJUDGED, AND DECREED the notice described herein need not be published in the event a Declaration of Forfeiture is issued by the appropriate agency following publication of notice of seizure and intent to administratively forfeit the above-described property.

______________________


UNITED STATES DISTRICT JUDGE