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United States v. Lomax

United States District Court, W.D. Arkansas, Texarkana Division

July 25, 2016

UNITED STATES OF AMERICA
v.
SKIP EARNEST RALPH LOMAX

          Skip Earnest Ralph Lomax, Defendant, Anna Williams, Attorney for Defendant Benjamin Wulff, Assistant U.S. Attorney

          PRELIMINARY ORDER OF FORFEITURE

          HONORABLE SUSAN O. HICKEY UNITED STATES DISTRICT JUDGE

         On May 11, 2016, a Grand Jury sitting in the Western District of Arkansas returned an Indictment against the Defendant, Skip Earnest Ralph Lomax, charging him with two counts of methamphetamine distribution, in violation of Title 21 U.S.C. 841(a)(1), one count of having been previously convicted of a crime punishable by imprisonment exceeding one year, knowingly possessed a firearm, in violation of Title 18 U.S.C. §§ 922(g)(1) and 924(a)(2), one count of possession of an unregistered firearm, in violation of Title 26, U.S.C. §§ 5841 and 5861(d), one count of receipt or possession of a destructive device, in violation of Title 26 U.S.C. §§ 5841, 5861(d), and 5781, and one count of possession of a firearm from which the manufacturer's serial number has been removed, altered, or obliterated, in violation of Title 18 U.S.C. §§ 922(k) and 924(a)(1)(B) and a forfeiture allegation.

         In the forfeiture allegation of the Indictment, the United States seeks forfeiture, pursuant to Title 18 U.S.C. §§ 924(d) and 3665, of:

1. a Ruger Model LCP .380 ACP serial number 378-06000;
2. Colt Police Positive .32 caliber revolver serial number 170941;
3. Ruger LCR .38 SPL serial number 543-13077;
4. unknown make and model .38 SPL revolver serial number 23254;
5. Taurus Millennium PT140 G2 .40 caliber serial number SIS86690
6. a MKJI style fragmentation grenade, with a M201 Al fuze assembly
7. CZ model 25 sub machine gun referenced in Count 4; and
8. Taurus, .22LR revolver for which the manufacturer's serial number had been removed, altered, and obliterated referenced in Count 6.

         as property involved in, or used to facilitate the offense.

         On July 21, 2016, the Defendant pleaded guilty to Counts 2, 3, and 5 of the Indictment. Pursuant to a Plea Agreement entered into by the parties, the Defendant agrees to forfeit all rights, title and interest to the firearms and destructive devices listed in the Indictment. 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. As announced in Court by the Government, the Defendant further releases all claims to the $1, 000 in buy funds used to purchase the machine gun and grenade from the Defendant on March 24, 2016, now being held by the ATF as evidence. 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(ies). The Defendant agrees to immediately withdraw any claims to property(ies) seized in connection with this case in any pending administrative and civil forfeiture proceeding, and consents to the forfeiture of all properties seized in ...


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