Federal court forfeits 2 guns, ammo seized from ex-convict
The federal court has forfeited to the U.S. government the two guns and ammunition that were seized from Herman P. Santos, an ex-convict who entered a guilty plea to an indictment that charged him with two counts of felon in possession of a firearm and ammunition.
U.S. District Court for the NMI Chief Judge Ramona V. Manglona issued the forfeiture as a result of Santos’ guilty plea and the plea agreement.
Manglona ordered that Santos shall relinquish to the U.S. all right, title, and interest in one Harrington and Richardson .32 caliber revolver, one Savage Arms 410/22 “over and under” firearm, three rounds of .32 caliber ammunitions, 11 rounds of .22 ammunition, and two .410 shotgun shells.
The judge ordered the return to Santos any additional funds and/or items that were confiscated at the time of his arrest.
According to the indictment, Santos, having been convicted of a crime punishable by imprisonment for a term of exceeding one year, knowingly possessed a Harrington and Richardson model 732 .32 caliber revolver and three rounds of .32 caliber ammunition, on Dec. 6, 2015.
Santos was also allegedly found in possession of a Savage Arms Model 24 410/22 “over and under” firearm and 11 rounds of .22 ammunition and two .410 shotgun shells, on June 3, 2016.
According to Superior Court records, the Dec. 6, 2015 incident stemmed from the arrest of Santos for allegedly pointing a handgun at two men he accused of beating up his father at a poker establishment in Garapan.
Police officers later checked the back of Santos’ house, where they recovered a .32 revolver handgun with three bullets in the cylinder. That same day, Dec. 6, police arrested him.
In January 2016, the Superior Court dismissed the amended information charging Santos with two counts of assault with a dangerous weapon, upon the Office of the Attorney General’s request.
So no charges will be filed against this felon, Fed law (and local law) A felon in possession of a fire arm. An unlicensed hand gun and ammo. Was the rifle registered? What about the assault with a dangerous weapon?
It seems that only the forfeiture is the penalty
What is going on the the NMI? The local (elected) AG will not prosecute serious crimes such as rape and sexual abuse of minors, especially by high ranking officials. Now even under a gun law. BUT will expend resources and energy to prosecute a $25 traffic ticket against one of their own.
Now the Fed will not prosecute especially since this is a long standing Fed law.
Interesting
The forfeiture appears to be a consequence of a federal conviction for Felon-in-Possession, 18 U.S.C. § 922(g)(1).
For there to be federal court personal jurisdiction for a sentence of imprisonment, the defendant must not remain subject to prior jurisdiction (earlier arrest and charges) before another court.
Hence, it is customary for parallel N.M.I. Superior Court proceedings to be dismissed in favor of a federal conviction and sentence.
The USAO does this throughout the country in all 94 district courts.