CRIMINAL NO. 2:17cr 3^

Transcription

1 Case 2:17-cr HCM-LRL Document 3 Filed 02/23/17 Page 1 of 4 PageID# 3 t-ilto JbLSEiNCQyRT IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Norfolk Division uisirict court _NORFQt k- \/A UNITED STATES OF AMERICA V. JAMES C. LAMB, Defendant. UNDER SEAL CRIMINAL NO. 2:17cr 3^ 18 U.S.C. 922(g)(1) and 924(a)(2) Felon in Possession ofa Firearm (Count 1) 18 U.S.C. 922(k) and 924(a)(1)(B) Possess firearm with obliterated serial number (Count 2) 18 U.S.C. 924(d) & 28 U.S.C Asset Forfeiture INDICTMENT February 2017 Term - at Norfolk COUNT ONE THE GRAND JURY CHARGES THAT: On or about October 6, 2016, in Chesapeake, Virginia, within the Eastern District of Virginia, the defendant, JAMES C. LAMB, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting interstate commerce a firearm, that is, a Smith & Wesson, Model 5946, 9mm semiautomatic pistol, said firearm having been shipped and transported in interstate and foreign commerce. (In violation oftitle 18, United States Code, Sections 922(g)(1) and 924(a)(2).) 1

2 Case 2:17-cr HCM-LRL Document 3 Filed 02/23/17 Page 2 of 4 PageID# 4 COUNT TWO On or about October 6, 2016, in Chesapeake, Virginia, within the Eastern District of Virginia, the defendant, JAMES C. LAMB, knowingly possessed a firearm, that is, a Smith & Wesson, Model 5946, 9mm semiautomatic pistol, that had been shipped and transported in interstate and foreign commerce, from which the manufacturer's serial number had been removed, altered, and obliterated. (In violation oftitle 18, United States Code, Sections 922(k) and 924(a)(1)(B).)

3 Case 2:17-cr HCM-LRL Document 3 Filed 02/23/17 Page 3 of 4 PageID# 5 FORFEITURE ALLEGATION THE GRAND JURY FURTHER FINDS PROBABLE CAUSE THAT, AND ALLEGES THAT: 1. The defendant, ifconvicted ofany ofthe violations alleged in this Indictment, shall forfeit to the United States, as part ofthe sentencing pursuant to Federal Rule ofcriminal Procedure 32.2, any firearm or ammunition involved in or used in the violation. 2. Ifany property that is subject to forfeiture above, as a result ofany act or omission ofthe defendant, (a) cannot be located upon the exercise ofdue diligence, (b) has been transferred to, sold to, or deposited with a third party, (c) has been placed beyond the jurisdiction ofthe Court, (d) has been substantially diminished in value, or (e) has been commingled with other property that cannot be divided without difficulty, it is the intention ofthe United States to seek forfeiture ofany other property ofthe defendant, as subject to forfeiture under Title 21, United States Code, Section 853(p). 3. The property subject to forfeiture includes, but is not limited to, the following property: a. Smith & Wesson, Model 5946,9mm semiautomatic pistol. (In accordance with 18 U.S.C. 924(d) by28 U.S.C )

4 Case 2:17-cr HCM-LRL Document 3 Filed 02/23/17 Page 4 of 4 PageID# 6 UNITED STATES v. JAMES [ESI^B CRIMINAL NO. 2:17CR ^ inc original oflhis page has been filed underseal in iho Cterk'* OfTici! TRUE BILL FOREPERSON DANAJ. BOENTE UNITED STATES ATTORNEY By: iam B. ckson Assistant Urfited States Attorney Attorney for the United States United States Attorney's Office 101 West Main Street, Suite 8000 Norfolk, Virginia Office Number: Facsimile Number: Address: William.Jackson3@usdoj,gov

5 Case 2:17-cr HCM-LRL Document 3-1 Filed 02/23/17 Page 1 of 2 PageID# 7 REDACTED JS 45 (11/2002) Criminal Case Cover Sheet U.S. District Court Place of Offense; Under Seal: Yes ^ No Judge Assigned: ^ Citv: EDVA Superseding Indictment: Criminal Number: 2:17cr New Defendant: County/Parish: Same Defendant: Magistrate Judge Case Number; Arraignment Date: Search Warrant Case Number: Defendant Information; R 20/R 40 from District of Juvenile: Yes No^ FBI# Defendant Name: James C. Lamb Alias Name(s): Address: Unknown Employment: N/A Birth Date; 1988 SSU: xxx/xx//8836 Sex: Race: Nationality: Place ofbirth: Height: Weight: Hair: Eyes: Scars/Tattoos; Interpreter: Yes No lei List Language and/or dialect: Location Status; Arrest Date: Alreadyin FederalCustody as of; in: Already in StateCustody On Pretrial Release Not in Custody ^ Arrest WarrantRequested Fugitive SummonsRequested Arrest Warrant Pending Detention Sought Bond Defense Counsel Information; Name: CourtAppointed Address: Retained Telephone: Public Defender office of Federal Public Defender should not be appointed due to conflict of interest CJA attomev: should not be appointed due to conflict of interest U.S. Attorney Information; AUSA: William B. Jackson Telephone No Bar#: Complainant Agency. Address & Phone Number or Person & Title; Bureau ofalcohol, Tobacco & Firearms Granby Street, Suite 339, Norfolk, VA (757) U.S.C. Citations; Setl Code/Section Description ofoffense Charged Count(s) Capital/Felony/Misd/Petty 18 U.S.C. 922(g)(1) and 924(a)(2) Felon in Possession ofa Firearm 1 Felony

6 Case 2:17-cr HCM-LRL Document 3-1 Filed 02/23/17 Page 2 of 2 PageID# 8 Defendant's Name: District Court Case Number (To be filled in by Deputy Clerk): James C. Lamb 2:17cr U.S.C. Citations (continued) Set 2 Set 3 Code/Section Description ofoffense Charged Count(s) Capital/Felony/Misd/Petty 18 U.S.C. 922(k)and 924(a)(nCB) 18 U.S.C. 924(d) & 28 U.S.C Possess firearm with obliterated serial number 2 Felony Asset Forfeiture Set 4 Set 5 Set 6 Set? Set 8 Set 9 Set 10 Set 11 Set 12 Set 13 Set 14 Set 15 Set 16 Set 17 Set IS Set 19 > Set 20 Set 21 Set 22 Set 23 Set 24 Set 25 Set 26 Set 27