USA v. McVeigh et al

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Criminal Action No. 	96-cr-00068-RPM
UNITED STATES OF AMERICA,
Plaintiff,
v.
TERRY LYNN NICHOLS,
Defendant.
_____________________________________________________________________
ORDER DIRECTING INQUIRY BY UNITED STATES ATTORNEY
_____________________________________________________________________
On July 18, 2015, Terry L. Nichols filed a pleading designated “Motion to Compel
FBI” in which he asks for an order from this court to direct the FBI to transfer firearms
seized from his residence to his former wife for the support of his children. This motion
was made pursuant to the recent Supreme Court case of Henderson v. U.S., No. 13-
1487, May 18, 2015, authorizing such an order from the court in which the criminal
proceedings were held. Mr. Nichols in his declaration attached to the motion alleges
that the FBI office in Oklahoma City, Oklahoma, contacted him in 2013 requesting
release of his interest in firearms to enable their destruction. Mr. Nichols says that he
declined the request and unsuccessfully requested transfer of them.
Before considering the motion of Mr. Nichols, it is necessary for this court to
know whether the firearms are still in the possession of the FBI and if not what
disposition was made of them. To enable this court to make that determination, it is
ORDERED that the united States Attorney for the District of Colorado shall make
inquiry of the Federal Bureau of Investigation office in Oklahoma City, Oklahoma, or any
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other appropriate office of the Bureau to determine these facts and report to this court
with a copy to Mr. Nichols of the result of that inquiry.
SO ORDERED.
Dated: 	July 31st
, 2015
BY THE COURT:
s/Richard P. Matsch
________________________________
Richard P. Matsch, Senior District Judge
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CERTIFICATE OF MAILING
I certify that a copy of the foregoing Order Directing Inquiry by United States
Attorney entered by Senior Judge Richard P. Matsch on July 31, 2015, was mailed via
United States Mail on July 31 2015, to the following:
Terry Lynn Nichols
#08157-031
FLORENCE ADMAX
U.S. PENITENTIARY
Inmate Mail/Parcels
PO BOX 8500
FLORENCE, CO 81226
DATED: July 31, 2015
JEFFREY P. COLWELL, Clerk
s/M. V. Wentz
By______________________
Deputy
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