USA v. Doggett

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
UNITED STATES OF AM ERICA 	)
)
)
)
)
V. 	CRIMINAL NO. 4 :23-CR-40003-001
NATHANIEL DOGGETT
PRELIMINARY ORDER OF FORFEITURE
On June 6, 2023, a Grand Jury sitting in the Western District of Arkansas returned an
Indictment against the Defendant, NA THANIEL DOGGETT, charging 	him 	one count of
Distribution of Visual Depictions of Minors Engaged in Sexually Explicit Conduct, in violation of
Title 18 U.S .C. § 2252A(a)(2) and (b)(l); one count of Receipt of Visual Depictions of Minors
Engaged in Sexually Explicit Conduct, in violation of Title 18 U. S.C. § 2252A(a)(2) and (b)(l) ;
one count of Possession of Child Pornography, in violation of Title 18 U.S.C. § 2252A(a)(5)(B)
and (b )(2); 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, constituting or traceable to gross profits or other
proceeds 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 August 26, 2024, the Defendant pleaded guilty to Count One of the Indictment.
Pursuant to a Plea Agreement entered into by the parties, the Defendant agrees to forfeit all rights,
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title and interest to an Apple iPhone 7, IMEi: 35491409337701; Lenovo laptop computer, Model
X550Z, Serial Number: F5N0CV321515213 , and an iPhone 11 , IMEi : 351461186882543 listed
in the Plea Agreement. 	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. The Defendant agrees to immediately withdraw any claims
to property 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. The Defendant further agrees not to
contest or to assist any other person or entity in contesting the forfeiture of the property 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
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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 of the Plea Agreement are intended to, and will, survive him ,
notwithstanding the abatement of any underlying criminal conviction after the execution of this
agreement.
Accordingly, it is hereby ORDERED, DECREED AND ADJUDGED:
1. That based upon the guilty plea of the Defendant, the following assets shall be forfeited
to the United States:
A. Apple iPhone 7, lMEl: 35491409337701 ;
B. 	Lenovo laptop computer, Model X550Z, Serial Number: F5N0CV3215 l 52 I 3; and
C. 	Apple iPhone 11 , IMEI: 351461186882543
as property facilitating illegal conduct, or property involved m illegal conduct giving rise to
forfeiture, or as substitute assets for property otherwise subject to forfeiture.
2. Pursuant to Fed. R. Crim . P. 32.2(b)(3), upon entry of this order, the United States is
authorized to seize any specific property that is subject to forfeiture as set forth herein in this Order
and the Plea Agreement, to conduct any discovery the Court considers proper in identifying,
locating or disposing of the property; and to commence proceedings that comply with any statutes
governing third-party rights.
3. Upon entry of this Order, the United States is authorized to commence any applicable
proceeding to comply with statutes governing third party rights, including giving notice of this
Order.
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..
4. 	The United States shall publish notice of this order pursuant to Fed. R. Crim. P.
32.2(6)(6).
5. That upon adjudication of all third-party interests, this Court will enter a Final Order of
Forfeiture pursuant to Federal Rule of Criminal Procedure 32.2(c), in which all interests will be
addressed .
IT IS SO ORDERED this C?S(€~ 	y of August, 2024.
Reviewed and consented to by:
.
4 	,d,~--:J 	--0_ 4½HONORABLE SUSAN 0 . HICKEY
CHIEF UNITED STA TES DISTRICT JUDGE
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