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United States of America v. John Leendert Oskam

October 17, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
JOHN LEENDERT OSKAM,
DEFENDANT.



The opinion of the court was delivered by: M. James LorenzUnited States District Court Judge

PRELIMINARY ORDER OF CRIMINAL FORFEITURE

WHEREAS, in the Superseding Information in the above-captioned case, the United States sought forfeiture of all right, title and interest in specific properties of the above-named Defendant pursuant to 18 U.S.C. §924(d) and 28 U.S.C. §2461(c) as properties involved in the commission of 18 U.S.C. §§2113(a) and (d) and 924(c)(1) as charged in the Superseding Information; and

WHEREAS, on or about July 25, 2011, the plea of the above-named Defendant, JOHN LEENDERT OSKAM ("Defendant"), was accepted by the U.S. District Court, and which plea included consent to the criminal forfeiture allegation pursuant to Titles 18 and 28, as set forth in the Superseding Information; and

WHEREAS, by virtue of the facts set forth in the plea agreement, the United States has established the requisite nexus between the forfeited properties and the offense; and

WHEREAS, by virtue of said guilty plea, the United States is now entitled to possession of said properties, pursuant to 18 U.S.C. § 924(d), 28 U.S.C. § 2461(c), 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 following properties which were found forfeitable by the Court, namely:

(a) a Springfield Armory XD-9 9mm semiautomatic handgun, serial number US847474; about 20 rounds of 9mm ammunition; and about 9 rounds of .45 caliber ammunition seized from a safe on February 8, 2011; and

(b) a Para Ordinance Warthog .45 caliber semiautomatic handgun, serial number P227091; and about 9 rounds of .45 caliber ammunition seized on February 3, 2011.

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 the Defendant in the following properties are hereby forfeited to the United States for disposition in accordance with the law, subject to the provisions of 21 U.S.C. § 853(n):

(a) a Springfield Armory XD-9 9mm semiautomatic handgun, serial number US847474; about 20 rounds of 9mm ammunition; and about 9 rounds of .45 caliber ammunition seized from a safe on February 8, 2011; and

(b) a Para Ordinance Warthog .45 caliber semiautomatic handgun, serial number P227091; and about 9 rounds of .45 caliber ammunition seized on February 3, 2011.

2. The aforementioned forfeited assets are to be held by the United States Marshals Service (USMS) 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 ...


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