18 U.S.C. § 2428

Forfeitures

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(a)In General.—The court, in imposing sentence on any person convicted of a violation of this chapter, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person shall forfeit to the United States—(1) such person’s interest in any property, real or personal, that was used or intended to be used to commit or to facilitate the commission of such violation; and(2) any property, real or personal, constituting or derived from any proceeds that such person obtained, directly or indirectly, as a result of such violation.(b)Property Subject to Forfeiture.—(1)In general.—The following shall be subject to forfeiture to the United States and no property right shall exist in them:(A) Any property, real or personal, used or intended to be used to commit or to facilitate the commission of any violation of this chapter.(B) Any property, real or personal, that constitutes or is derived from proceeds traceable to any violation of this chapter.(2)Applicability of chapter 46.—The provisions of chapter 46 of this title relating to civil forfeitures shall apply to any seizure or civil forfeiture under this subsection.(Added Pub. L. 109–164, title I, § 103(d)(1), Jan. 10, 2006, 119 Stat. 3563.)
Notes of Decisions
Cited in 47 cases, 1997–2019 · leading case: United States v. John Robert Andis, 333 F.3d 886 (8th Cir. 2003).
United States v. John Robert Andis, 333 F.3d 886 (8th Cir. 2003). “In the Agreement, he pled guilty to one count of transporting a minor in interstate commerce for illegal sexual activity in violation of 18 U.S.C. § 2428 (a). In exchange for the Government’s dismissal of the remaining counts in the indictment and promise not to further…”
United States v. Jalaram, Inc., 599 F.3d 347 (4th Cir. 2010). · cites it 2× “As Jalaram concedes, however, registration was uncommon, and Jalaram therefore almost certainly received more than $700.”
United States v. Alexander Lukashov, Jr., 694 F.3d 1107 (9th Cir. 2012). “§ 2241 (c) (Count 1), travel with intent to engage in illicit sexual contact in violation of 18 U.S.C. § 2428 (b) (Count 2), and transportation with intent to engage in criminal sexual activity in violation of 18 *1112 U.”
United States v. Scott Hayward, 359 F.3d 631 (3rd Cir. 2004). “Hayward points to no case in which any Court of Appeals required a jury instruction that criminal sexual activity must be the dominant purpose of interstate travel to support a conviction under 18 U.”
United States v. One 2007 Toyota FJ Cruiser, VIN JTEBU11F670023522, 824 F. Supp. 2d 1369 (N.D. Ga. 2011). · cites it 4× “) The Government alleged that the Defendant Vehicle was subject to forfeiture under 18 U.S.C. § 2428 as property used or intended to be used to commit, or to facilitate the commission of, a violation of 18 U.”
United States v. Michael David Blazek, 431 F.3d 1104 (8th Cir. 2005). “§ 2422 (b), and for traveling in interstate commerce to engage in an illegal sexual act with a minor in violation of 18 U.S.C. § 2428 (a). After Blazek traveled to Chicago, postal inspectors obtained a warrant, searched his apartment, and seized his computer.”
United States v. Michael Goodale, 738 F.3d 917 (8th Cir. 2013). “§ 2241 (c) (Counts 1 and 2); two counts of interstate transportation of a minor with intent to engage in criminal sexual activity in violation of 18 U.S.C. § 2428 (a) (Counts 3 and 4); and one count of accessing child pornography with intent to view in violation of 18 U.”
United States v. Charles Stokes, 726 F.3d 880 (7th Cir. 2013). “See 18 U.S.C. § 2428 (b) (effective Oct. 30, 1998 to Nov.”
United States v. Watkins, 667 F.3d 254 (2d Cir. 2012). “On November 17, 2009, Watkins pled guilty to Count One of a three-count Superseding Indictment for transporting a minor in interstate commerce with intent to engage in criminal sexual activity in violation of 18 U.S.C. § 2428 (a). 2 The United States Probation Office thereafter…”
United States v. 2001 Lexus Ls430 Vin: Jthbn30f910017797, 799 F. Supp. 2d 599 (E.D. Va. 2010). · cites it 4× “) On January 29, 2010, the Government filed a Verified Complaint In Rem formally seeking forfeiture of the four-seat 2001 Lexus LS430 and the four-seat 1998 Mitsubishi 3000GT, pursuant to 18 U.S.C. § 2428 . This case is before the Court on Mr.”
In Re Doe (\ Sd\")", 855 A.2d 1100 (D.C. 2004). “next argues that 18 U.S.C. § 2428 (b) is “not remotely analogous” to attempted enticement of a child under District of Columbia law because it “merely criminalizes the act of crossing state lines with a particular criminal intent, [while] the D.”
United States v. Richard Patrick Cole, 262 F.3d 704 (8th Cir. 2001). “” 18 U.S.C. § 2428 (a). The indictment charged that Cole “did knowingly transport in interstate commerce, a female who was under the age of 18 years, from the state of Arkansas to the state of Florida, with the intent that such individual engage in sexual activity under such…”
United States v. Jonathan Waltman, 529 F. App'x 680 (6th Cir. 2013). · cites it 3× “Following his arrest through a child exploitation undercover operation, Waltman pleaded guilty to a two-count indictment charging him with: (1) attempting to transport an eight-year-old girl in foreign commerce from Canada to Michigan with the intent that such girl engage in…”
United States v. Gilliam, 842 F.3d 801 (2d Cir. 2016). “§§ 1591 (a), (b)(1), and (b)(2), and in Count Two with transporting a minor in interstate commerce for purposes of prostitution in violation of 18 U.S.C. § 2428 (a). Gilliam was convicted on both counts after a jury trial and sentenced to imprisonment for 240 months.”
United States of Am., Appellee-Cross-Appellant v. Jeffrey A. Johnson, Appellant-Cross-Appellee, 221 F.3d 83 (2d Cir. 2000). “Count one of the indictment charged appellant with travel with the intent to engage in a sexual act with a minor, in violation of 18 U.S.C. § 2428 (b). In the plea agreement, appellant admitted that, on or about June 17, 1997, he traveled from Massachusetts to New York to meet a…”
United States v. William H. Veazey, 491 F.3d 700 (7th Cir. 2007). “§ 2422 (b), and knowingly traveling in interstate commerce for the purpose of engaging in a sexual act with a minor, in violation of 18 U.S.C. § 2428 (b). Veazey pled guilty to both counts.”
United States v. Saul Dos Reis, 369 F.3d 143 (2d Cir. 2004). “*147 In federal court, Dos Reis pled guilty to two counts of interstate travel to engage in unlawful sexual activity, in violation of 18 U.S.C. § 2428 (b). Count I alleged his sexual abuse of Jane Doe in 1998; Count II concerned his sexual abuse of Christina in 2002.”
United States v. Christy, 785 F. Supp. 2d 1004 (D.N.M. 2011). “On April 26, 2011, the grand jury returned a Superceding Indictment, also charging Christy with one count of violating 18 U.S.C. § 2428 (a) — Transportation with Intent to Engage in Criminal Sexual Activity — and three counts of violating 18 U.”
United States v. Broncheau, 759 F. Supp. 2d 682 (E.D.N.C. 2010). “While serving this sentence, he also completed an eighteen-month term of imprisonment for Travel with the Intent to Engage in Sex with a Minor, in violation of 18 U.S.C. § 2428 (b), imposed by the Eastern District of Virginia.”
United States v. Alexander Dejarnette, Jr., 741 F.3d 971 (9th Cir. 2013). “District Court for the Northern District of California, DeJar-nette was convicted of two counts of transporting minors with intent to engage in prostitution and criminal sexual activities, in violation of 18 U.S.C. § 2428 (a), and one count of transportation with intent to…”
United States v. Steven Paul Oliver, 118 F.3d 562 (7th Cir. 1997). “§ 1201 and for the interstate transportation of a minor for illegal sexual purposes under 18 U.S.C. § 2428 (the Mann Act). Before tMs court, Oliver argues that the district court’s refusal to grant a continuance or, in the alternative, to suppress the DNA and serological…”
United States v. Mitchell, 752 F. Supp. 2d 1216 (D. Utah 2010). “§ 1201 (a)(1) and unlawfully transporting her across state lines for improper purposes in violation of 18 U.S.C. § 2428 (a). The kidnaping is alleged to have occurred from June 5, 2002, until March 12, 2003.”
United States v. Steve Lavon Biggins, 664 F. App'x 789 (11th Cir. 2016). “PER CURIAM: Steve Lavon Biggins appeals his special condition of supervised release prohibiting him from possessing or viewing depictions of “adults in the nude and/or engaged in sexual activity,” imposed after being found guilty at trial of one count of interstate…”
United States v. Christopher Steele, 664 F. App'x 260 (3rd Cir. 2016). “§ 2422 (b); (2) interstate travel with intent to engage in illicit sexual *262 conduct with a minor, in violation of 18 U.S.C. § 2428 (b), and (3) receipt of child pornography, in violation of 18 U.”
United States v. Johnny Soza, 599 F. App'x 69 (4th Cir. 2015). “Our review of the record leads us to conclude that Soza lacks an interest in the property he seeks to have returned to him, both because he consented to its forfeiture through his plea agreement and because he stipulated to its status as derivative contraband subject to…”
United States v. Vail, 101 F. App'x 190 (9th Cir. 2004). “Conviction under 18 U.S.C. § 2428 (b) The court also found Vail guilty of Count I, alleging a violation of § 2423(b).”
United States v. Kaechele, 466 F. Supp. 2d 868 (E.D. Mich. 2006). “Subsection (b) of this statute, the provision under which Defendant is charged in the present indictment, pro *885 hibits travel in interstate or foreign commerce “for the purpose of engaging in any illicit sexual conduct with another person,” 18 U.S.C. § 2428 (b), and…”
United States v. Archie Whalen, 578 F. App'x 533 (6th Cir. 2014). “In October 2009 a grand jury returned a one-count indictment charging Whalen with transporting a minor in interstate commerce with the intent to engage in sexual activity, in violation of 18 U.S.C. § 2428 (a). After a three-day trial in July 2012, the jury adjudged Whalen guilty…”
United States v. Morales, 36 F. Supp. 3d 1276 (M.D. Fla. 2014). “BACKGROUND This matter is before the Court concerning the Petitioner Linda Morales’ claim to the one-half interest in real property located at 8 Crossings Trail, Ormond Beach, Florida 32174 (the “Property”), which this Court ordered preliminarily forfeited to the Government…”
United States v. Dean, 591 F. App'x 11 (2d Cir. 2014). “§ 2251 (a), and to transporting a minor across state lines for the purpose of engaging in illicit sexual conduct in violation of 18 U.S.C. § 2428 (a). On December 21, 2012, Dean orally moved to withdraw his guilty plea.”
United States v. Weylin O. Rodriguez, 589 F. App'x 513 (11th Cir. 2015). “§§ 924 (c)(1)(A) and 2, one count of transporting minors for prostitution, in violation of 18 U.S.C. §§ 2428 (a), 3559(e), and 2; one count of enticing an adult to travel in interstate commerce for prostitution, in violation of 18 U.”
United States v. Donald Flint, 394 F. App'x 273 (6th Cir. 2010). “” The government counters that it need only prove that Flint transported Jane to Michigan with the intent to engage in any “sexual activity for which any person can be charged with a criminal offense,” 18 U.S.C. § 2428 (a), which in this case would include not only prostitution…”
United States v. Simonson, 244 F. App'x 823 (9th Cir. 2007). “See 18 U.S.C. § 2428 (a)-(b). We affirm in part, reverse in part and remand.”
United States v. One 2006 Toyota Camry Solara SLE, 181 F. Supp. 3d 75 (D.D.C. 2013). · cites it 2× “Bates, United States District Judge The United States filed a verified complaint for forfeiture in rem of defendant vehicle, a 2006 Toyota Camry Solara SLE, VIN # 4T1FA38P16U094767, pursuant to 18 U.S.C. § 2428 (b)(1)(A), alleging that Scott Swirling used the vehicle to commit…”
United States v. Cote, Francois, 504 F.3d 682 (7th Cir. 2007). “Francois Coté was charged by indictment with travel in interstate commerce with intent to engage in a sexual act with a minor, a violation of 18 U.S.C. § 2428 (b), and with using a facility or means of interstate commerce knowingly to attempt to persuade, induce or entice a…”
United States v. Dwain D. Williams, 509 F. App'x 899 (11th Cir. 2013). “Williams was convicted in the Middle District of Georgia of three offenses: traveling in foreign commerce and engaging in illicit sexual conduct, in violation of 18 U.S.C. § 2428 (c), (e) (count one); aggravated sexual abuse of a child committed while accompanying the Armed…”
United States v. Dean, 570 F. App'x 103 (2d Cir. 2014). “§ 2251 (a), and to transporting a minor across state lines for the purpose of engaging in illicit sexual conduct, in violation of 18 U.S.C. § 2428 (a). On December 21, 2012, Dean orally moved, pro se, to withdraw his guilty plea.”
United States v. Jorge M. Muentes, 316 F. App'x 921 (11th Cir. 2009). “§ 2422 (b) (Count 1), and attempting to travel in foreign commerce to engage in illicit sexual conduct, in violation of 18 U.S.C. § 2428 (e) and (b) (Count 2). The convictions stem from Muentes’ contacts with an undercover FBI agent to arrange a trip to Costa Rica for the…”
United States v. Robert Davies, 601 F. App'x 97 (3rd Cir. 2015). · cites it 3× “3 Pursuant to 18 U.S.C. § 2428 (a)(1), any property used to commit the offense of interstate travel with intent to engage in illicit sexual conduct “shall [be] forfeited].”
United States v. George Martinez, 672 F. App'x 475 (5th Cir. 2017).
United States v. Sheehan Grant, 688 F. App'x 411 (8th Cir. 2017).
United States v. Joseph Michael Mooney, 705 F. App'x 846 (11th Cir. 2017).
Doe v. United States (S.D. Fla. 2019). “§2323 (c); 18 U.S.C. § 2428 ; 18 U.S.C. § 3556 ; 18 U.”
United States v. Gary B. Evans, 243 F. App'x 538 (11th Cir. 2007).
United States v. Phillips, David, 217 F. App'x 551 (7th Cir. 2007).
United States v. Coppedge, 12 F. App'x 270 (6th Cir. 2001).
United States v. Awwad, 184 F. App'x 201 (3rd Cir. 2006).
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