Andrew R. Winter and Nathan P. Petterson, Assistant United States Attorneys, UNITED STATES ATTORNEY'S OFFICE, for plaintiff.
Richard Ashton Oslund, Reg. No. 11010-041, USP Terre Haute, pro se.
JOHN R. TUNHEIM, District Judge.
On October 26, 2004, a jury found Richard Ashton Oslund guilty of robbery affecting interstate commerce (Count I), murder with a firearm during a robbery (Count II), and being a felon in possession of a firearm (Count III) in violation of 18 U.S.C. §§ 922(g)(1), 924(c)(1)(A), (e)(1), (j)(1), and 1951. ( See Verdict Form, Oct. 26, 2004, Docket No. 117.) Oslund was then sentenced to twenty years' imprisonment on Count I and to consecutive life sentences on Counts II and III. (Sentencing J., Nov. 23, 2004, Docket No. 124.) The Eighth Circuit affirmed his conviction and sentence. See United States v. Oslund, 453 F.3d 1048 (8TH Cir. 2006).
Oslund, in anticipation of seeking permission to file a second 28 U.S.C. § 2255 petition, now brings a motion requesting that the Court direct the United States to maintain and preserve evidence related to the investigation of his criminal charges. The United States does not object to the motion, and has confirmed that the Federal Bureau of Investigation and the Bloomington Police Department have maintained and will continue to maintain the documents and evidence related to the criminal investigation. ( See Response at 2, Jan. 8, 2014, Docket No. 162.) Accordingly, the Court will grant Oslund's motion to the extent it requests maintenance of documents and evidence related to the investigation of his criminal charges that are in the possession of those agencies.
Based on the foregoing, and all the files, records, and proceedings herein, IT IS HEREBY ORDERED that Defendant's Pro Se Motion Requesting an Order Directing the Government and its Agents to Maintain and Preserve Evidence ...