ROBERT S. HUIE, UNITED STATES DISTRICT JUDGE
ORDER OF RESTITUTION
ROBERT S. HUIE, UNITED STATES DISTRICT JUDGE
IT IS HEREBY ORDERED:
1. Pursuant to 18 U.S.C. § 2259 and 18 U.S.C. § 3663A(a)(1), Defendant ERNESTO INOWE (hereinafter “Defendant”) shall pay restitution in the amount of $39,000 as a result of Defendant's conviction for Possession of Images of Minors Engaged in Sexually Explicit Conduct, in violation of 18 U.S.C. § 2252(a)(4)(B). There was a previous restitution order from the Court, ECF No. 63, but that order is now vacated.
2. Restitution shall be paid to the following victims in the specified amounts, pro rata:
| Victims |
Amount |
| “Maureen” of the Lighthouse 1 Series |
$3,000 |
| “PD11” of the PD1 ISeries |
$3,000 |
| "Sloane" of the Tara Series |
$3,000 |
| "Julie" of the JBN Flowers! Series |
$3,000 |
| "Maria" of the BestNecklace Series |
$3,000 |
| "Pia" of the SweetWhiteSugar Series |
$3,000 |
| "Jenny" of the Jenny Series |
$3,000 |
| "Ali" of the ZooFamilyl Series |
$3,000 |
| "Eliza" of the HG1 Series |
$3,000 |
| "SV" of the SparklingVelvet Series |
$3,000 |
| "Chelsea" of the 2crazygurls Series |
$3,000 |
| "Ivy" of the JBNFlowers2 Series |
$3,000 |
| "Lily" of the Vicky Series |
$3,000 |
3. Defendant shall make a bona fide effort to pay restitution in fall as soon as practicable.
4. After considering the factors set forth in 18 U.S.C. § 3664(f)(2), the Court finds that the Defendant has the ability to pay the restitution as set forth in the following payment schedule:
a. During any period of incarceration, Defendant shall pay restitution through the Inmate Financial Responsibility Program at the rate of 50% of Defendant's income, or $25.00 per quarter, whichever is greater.
b. Upon release from custody, Defendant shall pay restitution at the rate of at least $250 per month, subject to modification upon farther agreement of the parties or order of the Court.
5. This payment schedule does not foreclose the United States from exercising all legal actions, remedies, and process available to collect the restitution judgment, including but not limited to remedies pursuant to 18 U.S.C. §§ 3613 and 3664(m)(1)(A).
6. Defendant shall forward all restitution payments, by bank or cashier's check or money order payable to the "Clerk, U.S. District Court," to:
Clerk of the Court
United States District Court
Southern District of California
333 West Broadway, Suite 420
San Diego, CA 92101
7 . The Court has determined that Defendant has the ability to pay interest. Thus, Defendant shall pay interest pursuant to 18 USC. § 3612(f)(1).
8. Until restitution has been paid, Defendant shall notify the Clerk of the Court and the United States Attorney's Office of any change in Defendant's economic circumstances that might affect Defendant's ability to pay restitution no later than thirty days after the change occurs . See 18 USC. § 3664(k).
9 . Until restitution has been paid, Defendant shall notify the Clerk of the Court and the United States Attorney's Office of any change in mailing or residence address, no later than thirty days after the change occurs . See 18 USC. § 3612(b)(1)(F).
IT IS SO ORDERED.
PRELIMINARY ORDER OF CRIMINAL FORFEITURE
WHEREAS, in the Information, the United States alleged forfeiture of all property of Defendant ERNESTO INOWE (“Defendant”), that constituted visual depictions as described in 18 U.S.C. § 2252, all properties constituting, or traceable to gross profits or proceeds of the offense, and all properties used or intended to be used to commit or to promote the commission of the offense set forth in Count 1 of the Information which charged a violation of 18 U.S.C. § 2252(a)(4)(B), and forfeitable pursuant to 18 U.S.C. § 2253; and
WHEREAS, on or about February 26, 2024, Defendant pled guilty before Magistrate Judge Karen S. Crawford to Count 1 of the Information, which plea included consent to the forfeiture allegations of the Information and forfeiture of all properties seized in connection with the case, including forfeiture of all visual depictions as described in § 2252, all properties constituting proceeds of the offense, and all properties used or intended to be used to commit or to promote the commission, including, but not limited to forfeiture of the following:
(1) computer images and printed images determined by law enforcement to depict minors engaging in sexually explicit conduct and
(2) the items, equipment, computers, disks, and media seized by law enforcement during the investigation of the offenses to which the defendant has pied guilty, including:
1. Cellular phone;
WHEREAS, on March 12, 2024, this Court accepted the guilty plea of Defendant; and
WHEREAS, by virtue of the facts set forth in the plea agreement and the forfeiture addendum, the United States has established the requisite nexus between the forfeited properties and the offense, and the Court hereby orders the forfeiture to the United States of the afore-described forfeited properties pursuant to Title 18, United States Code, Section 2253; and
WHEREAS, by virtue of said guilty plea, the United States is now entitled to possession of the above-referenced properties, pursuant to 18 U.S.C. § 2253 and Rule 32.2(b) of the Federal Rules of Criminal Procedure; and
WHEREAS, pursuant to Rule 32.2(b), the United States having requested the authority to take custody of the above-referenced properties which are hereby found forfeitable by the Court; and
WHEREAS, the United States, having submitted the Order herein to the Defendant through his attorney of record, to review, and no objections having been received;
Accordingly, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:
1. Based upon the guilty plea of the Defendant, the United States is hereby authorized to take custody and control of the following assets, and all right, title, and interest of Defendant ERNESTO INOWE in the following properties are hereby forfeited to the United States pursuant to 18 U.S.C. § 2253 for disposition m accordance with the law, subject to the provisions of 21 U.S.C. § 853(n):
(1) computer images and printed images determined by law enforcement to depict minors engaging in sexually explicit conduct and
(2) the items, equipment, computers, disks, and media seized by law enforcement during the mvestigation of the offenses has pled guilty, including:
1. Cellular phone.
2. The aforementioned forfeited assets are to be held by the Homeland Security Investigations in its secure custody and control.
3. Pursuant to Rule 32.2(b) and (c), the United States is hereby authorized to begin proceedings consistent with any statutory requirements pertaining to ancillary hearings and rights of third parties. The Court shall conduct ancillary proceedings as the Court deems appropriate only upon the receipt of timely third-party petitions filed with the Court and served upon the United States. The Court may determine any petition without the need for further hearings upon the receipt of the Government's response to any petition. The Court may enter an amended order without further notice to the parties.
4. Pursuant to the Attorney General's authority under Section 853(n)(1) of Title 21, United States Code, Rule 32.2(b)(6), Fed. R. Crim. P., and Rule G(4) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, the United States forthwith shall publish for thirty (30) consecutive days on the Government's forfeiture website, www.forfeiture.gov, notice of this Order, notice of the United States' intent to dispose of the properties in such manner as the Attorney General may direct, and notice that any person, other than the Defendant, having or claiming a legal interest in the above-listed forfeited properties must file a petition with the Court within thirty (30) days of the final publication of notice or of receipt of actual notice, whichever is earlier.
5. This 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 and any additional facts supporting the petitioner's claim and the relief sought.
6. The United States must also, to the extent practicable, provide direct written notice to any person known to have alleged an interest in the properties that are the subject of the Preliminary Order of Criminal Forfeiture, as a substitute for published notice as to those persons so notified.
7. Upon adjudication of all third-party interests, this Court will enter an Amended Order of Forfeiture pursuant to 21 U.S.C. § 853(n) as to the aforementioned assets, in which all interests will be addressed.
8. Pursuant to Rule 32.2(b)(4), this Order of Forfeiture shall be made final as to the Defendant at the time of sentencing and is part of the sentence and included in the judgment.
IT IS SO ORDERED.