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United States v. Kellam

United States District Court, W.D. Arkansas, Texarkana Division

May 26, 2016

UNITED STATES OF AMERICA
v.
PATRICK KELLAM

          Patrick Kellam, Defendant

          John Pickett, Counsel for Defendant

          Candace L. Taylor, Assistant U.S. Attorney

          PRELIMINARY ORDER OF FORFEITURE

          HONORABLE SUSAN O. HICKEY UNITED STATES DISTRICT JUDGE.

         On March 16, 2016, a Grand Jury sitting in the Western District of Arkansas returned an Indictment against the Defendant, Patrick Kellam, charging him with knowingly transport and ship in interstate and foreign commerce by any means, one or more visual depictions, the production of such visual depictions having involved the use of a minor engaging in sexually explicit conduct as that term is defined in Title 18, United States Code, Section 2256, and such visual depictions were of such conduct; all in violation of Title 18, United States Code, Sections 2252(a)(1) and (b)(1) and a forfeiture allegation.

         In the forfeiture allegation of the Indictment, the United States seeks forfeiture, pursuant toTitlel8U.S.C. §2253, of:

1) any visual depiction described in 18 U.S.C. §§ 2251, 2251A, or 2252, 2252A, 2252B, or 2260, or any book, magazine, periodical, film, videotape, or other matter, which contains any such visual depiction, which was produced, transported, mailed, shipped or received in violation of the offenses in the Information;
2) any property, real or personal, constituting or traceable to gross profits or other proceeds obtained from the offenses in the Information; and
3) any property, real or personal, including any and all computer equipment, used or intended to be used to commit or to promote the commission of the offenses in the Indictment, or any property traceable to such property, including, but not limited to computer equipment used in the commission of the offenses in the Information.

         On the 26th day of May, 2016, the Defendant pleaded guilty to the Indictment. Pursuant to a Plea Agreement entered into by the parties, the Defendant agrees to forfeit all rights, title and interest to the Verizon 4G LTE Samsung Galaxy S4 cell phone, serial number 078c0; Samsung tablet computer, model: SM-T537V, serial number cbbl6829; Dell laptop computer, model: P28F, serial number 6N9BJX1; and Generic Mini S.D. Reader S/N 058F63776374/058F63626420. The Defendant acknowledges that all property covered by the Plea Agreement is subject to forfeiture as property facilitating illegal conduct, or property involved in illegal conduct giving rise to forfeiture, or as substitute assets for property otherwise subject to forfeiture.

         Pursuant to the Plea Agreement, the Defendant consents to the immediate entry of a Preliminary Order of Forfeiture upon entry of the guilty plea. The Defendant further agrees that upon entry of the Preliminary Order of Forfeiture, such order will be considered final as to defendant's interests in the property(ies). The Defendant agrees to immediately withdraw any claims to property(ies) seized in connection with this case in any pending administrative and civil forfeiture proceeding, and consents to the forfeiture of all properties seized in connection with this case to the United States. The Defendant agrees to execute any and all documents requested by the Government to facilitate or complete the forfeiture process(es). The Defendant further agrees not to contest or to assist any other person or entity in contesting the forfeiture of the property(ies) seized in connection with this case.

         Pursuant to the Plea Agreement, the Defendant agrees to consent to the entry of orders of forfeiture for such property and waives the requirements of Federal Rules of Criminal Procedure 32.2 and 43(a) regarding notice of the forfeiture in the charging instrument, announcement of the forfeiture at sentencing, and incorporation of the forfeiture in the judgment. The Defendant acknowledges that he understands that the forfeiture of assets is part of the sentence that may be imposed in this case and waives any failure by the court to advise him of this, pursuant to Rule 1 l(b)(l)(J), at the time his guilty plea is accepted.

         Pursuant to the Plea Agreement, the Defendant further agrees to waive all constitutional and statutory challenges in any manner (including direct appeal, habeas corpus, or any other means) to any forfeiture carried out in accordance with the Plea Agreement on any grounds, including that the forfeiture constitutes an excessive fine or punishment. The Defendant agrees to take all steps as requested by the United States to pass clear title to forfeitable assets to the United States, and to testify truthfully in any judicial forfeiture proceeding. The Defendant also agrees that the forfeiture provisions ...


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