United States v. Cline
3:16-cr-01505
S.D. Cal.May 15, 2017Background
- Defendant James Philip Cline pleaded guilty (Feb. 21, 2017) to Count 1 of a Superseding Information charging a violation of 18 U.S.C. § 2252(a)(4)(B).
- In his plea agreement and forfeiture addendum, Cline expressly consented to forfeiture of: (1) visual depictions depicting minors in sexually explicit conduct, and (2) items, equipment, computers, disks, and media seized in the investigation.
- The forfeited items listed include one Lenovo desktop and five Western Digital/Hitachi hard drives (specific models and serial numbers identified).
- The Court accepted the guilty plea (Mar. 24, 2017) and, based on the plea and addendum, found the requisite nexus between the property and the offense for forfeiture under 18 U.S.C. § 2253.
- The Court authorized the United States to take custody of the assets, order them held by the FBI, and directed procedures for third‑party ancillary petitions and notice (publication and direct notice when practicable).
- The Order of Forfeiture is made final as to the defendant at sentencing and is part of the judgment under Rule 32.2(b)(4).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of forfeiture nexus | Forfeiture is proper because plea/addendum establish nexus to §2253 offense | Cline waived challenge by consenting in plea (no objections filed) | Court ordered forfeiture based on plea and addendum; nexus found |
| Authority to seize and retain property | U.S. may take custody under §2253 and Rule 32.2(b) | No timely objection; consented to turnover | Court authorized U.S. to take custody and FBI to hold assets |
| Third‑party rights and ancillary proceedings | Ancillary hearings available to third parties under §853(n) and Rule 32.2(c) | Any third party must timely petition to assert interest | Court authorized ancillary proceedings; set petition and notice requirements |
| Notice and disposition procedure | Government will publish notice and provide direct notice when practicable under §853(n)(1) and Rule G(4) | No contrary claim raised | Court ordered 30‑day publication on forfeiture.gov and direct notice as practicable; assets final as to defendant at sentencing |
Key Cases Cited
None (no published case authorities with official reporter citations were cited in the Order).