USA v. Whitmore

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
UNITED STATES OF AMERICA,
Plaintiff,
v.
MICHAEL GLENN WHITMORE,
Defendant.
Case No. 3:21-cr-00038-SLG-MMS
PRELIMINARY ORDER OF FORFEITURE
Before the Court at Docket 11 is Plaintiff’s Motion for Preliminary Order of
Forfeiture. 	Pursuant to Federal Rule of Criminal Procedure 32.2(b)(2), based on
defendant’s guilty plea and admission to forfeiture, the Court GRANTS the Motion
for Preliminary Order of Forfeiture (Docket 111), and finds as follows:
The defendant, having been convicted of 18 U.S.C. § 2252(a)(2), (a)(5)(B),
(b)(1) and (b)(2), shall forfeit to the United States, pursuant to 18 U.S.C. § 2253,
his interest, if any visual depiction described in 18 U.S.C. §§ 2251, 2251A, 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 Title 18, United States Code, Chapter
110 – Sexual Exploitation and Other Abuse of Children, and/or any property, real
or personal, constituting or traceable to gross profits or other proceeds obtained
from such offense, and/or any property, real or personal, used or intended to be
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Preliminary Order of Forfeiture
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used to commit or to promote the commission of such offense or any property
traceable to such property, including without limitation:
1. A TCL cell phone seized from his residence on March 10, 2021;
2. An iPhone in Lakers case – Apple iPhone 11, model: A2111 SN:
FK1ZG1BQZ731, and;
3. A gray iPhone 5, model A1533- SN: DX3QC23UFFDP.
THEREFORE, IT IS HEREBY ORDERED, ADJUDGED and DECREED as
follows:
The above-listed property is hereby condemned and forfeited to the United
States of America pursuant to 18 U.S.C. § 2253, and defendant shall forthwith
forfeit all right, title and interest, if any, in the above-listed property.
Pursuant to Federal Rule of Criminal Procedure 32.2(b)(3), the United
States Marshals Service and/or the Federal Bureau of Investigation is authorized
to seize and take possession of the aforementioned property and hold such in its
secure custody and control until further order of this Court, may conduct any
discovery the Court considers proper in identifying, locating, or disposing of said
property; and to commence proceedings that comply with any statutes governing
third-party rights.
Pursuant to 21 U.S.C. § 853(n), the United States Attorney’s Office shall
publish notice of this Preliminary Order of Forfeiture and of the United States’ intent
to dispose of the property in such manner as the Attorney General may direct. The
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Preliminary Order of Forfeiture
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notice 	shall 	be 	published 	on 	the 	official 	government 	forfeiture 	website,
www.forfeiture.gov, for at least 30 consecutive days. The notice shall state that
any person, other than the defendant, having or claiming a legal interest in the
above-listed forfeited property must file a petition with the Court within 60 days
from the first publication of notice or 30 days of receipt of actual notice, whichever
is earlier.
The notice shall state that the petition shall be for a hearing to adjudicate the
validity of the petitioner’s alleged interest in the property, shall be signed by the
petitioner under penalty of perjury, and shall set forth the nature and extent of the
petitioner’s right, title or interest in the forfeited property. The petition shall also set
forth any additional facts supporting the petitioner’s claim and the relief sought.
The United States may also, to the extent practicable, provide direct written
notice as substitute for published notice to any person known to have alleged an
interest in the property that is the subject of this Preliminary Order of Forfeiture.
Upon adjudication of all third-party interests, this Court shall enter a final order of
forfeiture in which all interests will be addressed.
DATED this 8th day of March 2024, at Anchorage, Alaska.
/s/ Sharon L. Gleason
UNITED STATES DISTRICT JUDGE
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