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Description: Oklahoma City, Oklahoma criminal law lawyer represented Defendant charged with illegal possession of a firearm.
Anthony Woodley was arrested and charged after he attacked his pregnant girlfriend, threatened her with a gun, and strangled her.
Woodley's possession of a firearm violated 18 U.S.C. 922(g)(1), which provides:
(g) It shall be unlawful for any person—
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
* * *
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
and
18 U.S.C. 924(d), which provides:
(d)(1) Any firearm or ammunition involved in or used in any knowing violation of subsection (a)(4), (a)(6), (f), (g), (h), (i), (j), or (k) of section 922, or knowing importation or bringing into the United States or any possession thereof any firearm or ammunition in violation of section 922(l), or knowing violation of section 924, or willful violation of any other provision of this chapter or any rule or regulation promulgated thereunder, or any violation of any other criminal law of the United States, or any firearm or ammunition intended to be used in any offense referred to in paragraph (3) of this subsection, where such intent is demonstrated by clear and convincing evidence, shall be subject to seizure and forfeiture, and all provisions of the Internal Revenue Code of 1986 relating to the seizure, forfeiture, and disposition of firearms, as defined in section 5845(a) of that Code, shall, so far as applicable, extend to seizures and forfeitures under the provisions of this chapter: Provided, That upon acquittal of the owner or possessor, or dismissal of the charges against him other than upon motion of the Government prior to trial, or lapse of or court termination of the restraining order to which he is subject, the seized or relinquished firearms or ammunition shall be returned forthwith to the owner or possessor or to a person delegated by the owner or possessor unless the return of the firearms or ammunition would place the owner or possessor or his delegate in violation of law. Any action or proceeding for the forfeiture of firearms or ammunition shall be commenced within one hundred and twenty days of such seizure.
and
28 U.S.C. 2461(c), which provides:
(c) If a person is charged in a criminal case with a violation of an Act of Congress for which the civil or criminal forfeiture of property is authorized, the Government may include notice of the forfeiture in the indictment or information pursuant to the Federal Rules of Criminal Procedure. If the defendant is convicted of the offense giving rise to the forfeiture, the court shall order the forfeiture of the property as part of the sentence in the criminal case pursuant to to 1 the Federal Rules of Criminal Procedure and section 3554 of title 18, United States Code. The procedures in section 413 of the Controlled Substances Act (21 U.S.C. 853) apply to all stages of a criminal forfeiture proceeding, except that subsection (d) of such section applies only in cases in which the defendant is convicted of a violation of such Act.
Outcome: 10/14/2022 18 MINUTE ENTRY for proceedings held before Judge Patrick R Wyrick: Change of Plea Hearing as to Anthony Lawrence Woodley held on 10/14/2022, Plea entered by Anthony Lawrence Woodley (1) Guilty Count 1. (Court Reporter Sherri Grubbs) (ks) (Entered: 10/14/2022)
10/14/2022 19 WAIVER of Jury Trial by Anthony Lawrence Woodley. (ks) (Entered: 10/14/2022)
10/14/2022 20 PETITION To Enter a Plea of Guilty by Defendant Anthony Lawrence Woodley. (ks) (Entered: 10/14/2022)
Plaintiff's Experts:
Defendant's Experts:
Comments:
