United States District Court, W.D. Arkansas, Hot Springs Division
CHESTER DOUGLAS MANNING, DEFENDANT
TIMOTHY JANSKE COUNSEL FOR DEFENDANT
DENIC
DEAN ASSISTANT U.S. ATTORNEY
PRELIMINARY ORDER OF FORFEITURE
HONORABLE SUSAN O. HICKEY UNITED STATES DISTRICT JUDGE
On
December 13, 2018, a Grand Jury sitting in the Western
District of Arkansas returned an Indictment against the
Defendant, Chester Douglas Manning, charging him with one
count of enticement of a minor to engage in sexual activity,
all in violation of Title 18, U.S.C. § § 2422(b),
226OA and 2427; one count of production of child pornography,
all in violation of Title 18, U.S.C. § § 2251(a),
2251(e) and 226OA; one count of transfer of obscene material
to minors, all in violation of Title 18, U.S.C. § §
1470 and 226OA; one count of offense by a registered sex
offender, all in violation of Title 18, U.S.C. § 226OA
and a forfeiture allegation.
In the
forfeiture allegation of the Indictment, the United States
seeks forfeiture, pursuant to Title 18 U.S.C. § 2253,
incorporating by reference Title 21 U.S.C. § 853, of
1. Any visual depiction described in 18 United States Code
§ § 2251, 2251 A, 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 Indictment;
2. Any property, real or personal, consisting or traceable to
gross profits or other process obtained from the offenses in
the Indictment; and
3. Any property, real or personal including any and all
computer equipment or cellular device, 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 Indictment.
On July
29th 2019, the Defendant pleaded guilty to Count
Two of the Indictment. Pursuant to a Plea Agreement entered
into by the parties, the Defendant agrees to forfeit all
rights, title and interest to LG Phone - Android
6fadadal383aef9c, model LGL84VL, serial number
089353088802250852; LG 84 Model LGL84VL, serial number
803VTTD0441641; iPhone, serial number DX4WD4ZRHTVK; Samsung
Tracphone Wireless, model SGH-5425G, serial number
R21C45KFIEP and ZTE Cell Phone, serial number unknown listed
in the Indictment. 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 properties. The Defendant agrees to immediately withdraw
any claims to properties 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
processes. The Defendant further agrees not to contest or to
assist any other person or entity in contesting the
forfeiture of the properties 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)(1)(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 ...