Bundy Trials - Nevada

NMgirl
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Re: Bundy Trials - Nevada

#4526

Post by NMgirl » Fri Jul 07, 2017 10:10 am

pipistrelle wrote:
You're failing to take into account that Cliven and Bundy men have been ranching on the land since the Magna Carta Charta was signed. That surely means something.
FIFPoots.


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NMgirl
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Re: Bundy Trials - Nevada

#4527

Post by NMgirl » Sat Jul 08, 2017 1:35 am

Sooooo. What's been happening with Blaine Cooper, Totally Blind Burleson and Todd Engel?

I'm doing a mini-Friday Night Document Dump for our discarded Poots.

06/27/2017-- 2095-- STIPULATION FOR EXTENSION OF TIME (Third Request) Stipulation to Continue Sentencing Hearing by Blaine Cooper. (Lay, Dennis) (Entered: 06/27/2017) Stanley wants to delay sentencing for at least 180 days.
Blaine Cooper Sentencing Delay.pdf
06/28/2017-- 2098-- ORDER Granting 2095 STIPULATION to Continue Sentencing (Third Request) as to Blaine Cooper. Sentencing and disposition continued to 1/5/2018 at 10:00 AM in LV Courtroom 7C before Chief Judge Gloria M. Navarro. Signed by Chief Judge Gloria M. Navarro on 6/28/17. (Copies have been distributed pursuant to the NEF - MMM) (Entered: 06/28/2017)

06/29/2017-- 2099-- MOTION for Joinder to 2078 First MOTION for New Trial, filed by Todd C. Engel. (George, John)Modified on 6/29/2017 to create docket entry relationship (TR). (Entered: 06/29/2017)

06/23/2017-- 2078-- First MOTION for New Trial by Gregory P. Burleson. Responses due by 7/7/2017. (Attachments: # 1 Exhibit Article)(Jackson, Terrence) (Entered: 06/23/2017)

06/30/2017-- 2104-- MOTION to Seal Defendant's Sentencing Memorandum by Gregory P. Burleson. (Jackson, Terrence) (Entered: 06/30/2017) TB Burleson wants to keep some stuff secret. What is a "Downward Departure?" If that means what I suspect it does, Burleson wants to plead ill health and ask for a sentence less than the guidelines would indicate he has earned.
Burleson's Motion to Seal Sentencing.pdf
07/07/2017-- 2131-- MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Gloria M. Navarro, as to Gregory P. Burleson on 7/7/2017. Pending before the Court is Defendant Gregory P. Burleson's ("Defendant's") 2104 Motion to Seal Defendant's Sentencing Memorandum. The Motion does not provide enough information to determine if the data and information contained therein is of a confidential nature justifying sealing. Bare allegations are insufficient. Accordingly, IT IS HEREBY ORDERED that Defendant's 2104 Motion to Seal is DENIED without prejudice. Defendant may refile the motion to seal, along with a more specific explanation as to why sealing is appropriate. (See D. Nev. LR IA 10-5(a)).
(Copies have been distributed pursuant to the NEF - SP) (Entered: 07/07/2017)

07/07/2017-- 2132-- RESPONSE to 2099 Motion for Joinder, 2078 Motion for New Trial ; filed by USA as to Todd C. Engel, Gregory P. Burleson. Government Response in Opposition to Motion for New Trial Replies due by 7/14/2017. (Myhre, Steven) (Entered: 07/07/2017)
The Government shoots down Burleson's and Engel's Brady/Giglio arguments.
Burleson must do more than simply make breathless claims of “grievous prosecutorial misconduct” (Mot. at 3), imagine promises of testimony in return for favors (Mot. at 4), and vacuously contend that a misdemeanor arrest would “destroy the credibility” (Mot. at 2) of an undercover agent whose every interaction with the defendant is recorded.
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bob
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Re: Bundy Trials - Nevada

#4528

Post by bob » Sat Jul 08, 2017 9:49 am

NMgirl wrote:06/30/2017-- 2104-- MOTION to Seal Defendant's Sentencing Memorandum by Gregory P. Burleson. (Jackson, Terrence) (Entered: 06/30/2017) TB Burleson wants to keep some stuff secret. What is a "Downward Departure?" If that means what I suspect it does, Burleson wants to plead ill health and ask for a sentence less than the guidelines would indicate he has earned.
A "downward departure" is, essentially, a request for a reduction in the sentence. Burleson was the informant, correct? The confidential information may relate to that, to his health, or possibly something else.


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Mary Quite Contrary
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Re: Bundy Trials - Nevada

#4529

Post by Mary Quite Contrary » Mon Jul 10, 2017 3:27 pm

bob wrote:
NMgirl wrote:06/30/2017-- 2104-- MOTION to Seal Defendant's Sentencing Memorandum by Gregory P. Burleson. (Jackson, Terrence) (Entered: 06/30/2017) TB Burleson wants to keep some stuff secret. What is a "Downward Departure?" If that means what I suspect it does, Burleson wants to plead ill health and ask for a sentence less than the guidelines would indicate he has earned.
A "downward departure" is, essentially, a request for a reduction in the sentence. Burleson was the informant, correct? The confidential information may relate to that, to his health, or possibly something else.

Bob- can I ask for some clarity? Or maybe just more questions always pop in my head.

Anywho, would Burleson be able to use his CI status if he was an informant for something altogether different? I might be remembering wrong but I think that he was no longer an informant at the time of the bundy ranch. I'm wrong a lot so can't be sure.

Also, too, I do believe that he does have some real medical issues. Maybe not total blindness, but could he be granted a downward modification for medical reasons? I can see both side of that answer so I'm not sure how that would actually work.

Thanks for the mini law lesson. Or any other of you law types.


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bob
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Re: Bundy Trials - Nevada

#4530

Post by bob » Mon Jul 10, 2017 3:43 pm

Mary Quite Contrary wrote:Anywho, would Burleson be able to use his CI status if he was an informant for something altogether different? I might be remembering wrong but I think that he was no longer an informant at the time of the bundy ranch. I'm wrong a lot so can't be sure.

Also, too, I do believe that he does have some real medical issues. Maybe not total blindness, but could he be granted a downward modification for medical reasons? I can see both side of that answer so I'm not sure how that would actually work.
The very short answer is "yes" -- to both.

Generally speaking, those who help the government can be rewarded for doing so, and a downward departure is a tool available to encourage those informants to keep providing information. (And it need not be all related to the case before the court.) This can actually be a fairly tricky dance with the prosecutor -- many scenarios are possible, but it difficult to know exactly what might be going on without knowing more. And someone here wants the public to not know.

Downward departure for medical issues is also possible. Generally speaking, a defendant can essentially ask for mercy due to some condition (including age/life expectancy). And not wanting to air dirty laundry (i.e., medical history) in public documents is very common. My WAG is this is what is going on.


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Mary Quite Contrary
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Re: Bundy Trials - Nevada

#4531

Post by Mary Quite Contrary » Mon Jul 10, 2017 4:08 pm

Thanks bob. :bighug:


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NMgirl
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Re: Bundy Trials - Nevada

#4532

Post by NMgirl » Fri Jul 21, 2017 11:35 pm

Friday Night Document Dump for Those Who Lost But Are Not Forgotten: Burleson, DeLemus, Cooper, Engel

07/07/2017-- 2131-- MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Gloria M. Navarro, as to Gregory P. Burleson on 7/7/2017. Pending before the Court is Defendant Gregory P. Burleson's ("Defendant's") 2104 Motion to Seal Defendant's Sentencing Memorandum. The Motion does not provide enough information to determine if the data and information contained therein is of a confidential nature justifying sealing. Bare allegations are insufficient. Accordingly, IT IS HEREBY ORDERED that Defendant's 2104 Motion to Seal is DENIED without prejudice. Defendant may refile the motion to seal, along with a more specific explanation as to why sealing is appropriate. (See D. Nev. LR IA 10-5(a)). (Copies have been distributed pursuant to the NEF - SP) (Entered: 07/07/2017)

07/07/2017-- 2132-- RESPONSE to 2078 Motion for New Trial, 2099 Motion for Joinder, ; filed by USA as to Todd C. Engel, Gregory P. Burleson. Replies due by 7/14/2017. (Myhre, Steven) (Entered: 07/07/2017)

07/11/2017-- 2147-- TRANSCRIPT of Proceedings, 222 Initial/ Arraignment & Plea, as to Gerald A. Delemus held on 4/4/16 before Magistrate Judge Carl W. Hoffman. Court Reporter/Transcriber: Donna Davidson, DD@nvd.uscourts.gov. Any Redaction Request is due by 8/1/2017. Redacted Transcript Deadline is set for 8/11/2017. Release of the Transcript Restriction is set for 10/9/2017. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter/transcriber. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (DD) (Entered: 07/11/2017)

07/11/2017-- 2148-- TRANSCRIPT of Proceedings, 641 Status Conference, as to Gerald A. Delemus held on 8/23/16 before Chief Judge Gloria M. Navarro. Court Reporter/Transcriber: Donna Davidson, DD@nvd.uscourts.gov. Any Redaction Request is due by 8/1/2017. Redacted Transcript Deadline is set for 8/11/2017. Release of the Transcript Restriction is set for 10/9/2017. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter/transcriber. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (DD) (Entered: 07/11/2017)

07/11/2017-- 2149-- TRANSCRIPT of Proceedings, 979 Motion Hearing, as to Gerald A. Delemus held on 11/16/16 before Magistrate Judge Peggy A. Leen. Court Reporter/Transcriber: Donna Davidson, DD@nvd.uscourts.gov. Any Redaction Request is due by 8/1/2017. Redacted Transcript Deadline is set for 8/11/2017. Release of the Transcript Restriction is set for 10/9/2017. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter/transcriber. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (DD) (Entered: 07/11/2017)

07/11/2017-- 2151-- TRANSCRIPT of Proceedings, 2031 Sentencing, as to Gerald A. Delemus held on 5/31/17 before Chief Judge Gloria M. Navarro. Court Reporter/Transcriber: Donna Davidson, DD@nvd.uscourts.gov. Any Redaction Request is due by 8/1/2017. Redacted Transcript Deadline is set for 8/11/2017. Release of the Transcript Restriction is set for 10/9/2017. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter/transcriber. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (DD) (Entered: 07/11/2017)

07/13/2017-- 2171-- LETTER of Support dated 7/10/17 from Dr. Norman Baker as to Todd C. Engel. (MMM) (Entered: 07/17/2017)

07/14/2017-- 2168 -- MOTION to Continue Sentencing Hearing, filed by Todd C. Engel. (MMM) (Entered: 07/17/2017)

07/14/2017-- 2169-- MOTION to Substitute Current Counsel, filed by Todd C. Engel. (MMM) (Entered: 07/17/2017)

07/14/2017-- 2170-- MOTION to Postpone Sentencing Hearing by Todd C. Engel. (MMM) (Entered: 07/17/2017)

07/17/2017-- 2172-- Second MOTION to Withdraw as Attorney by John George. by Todd C. Engel. (George, John) (Entered: 07/17/2017)

07/18/2017-- 2175-- MOTION to Seal OBJECTIONS re LR IB 3-1 or MOTION for District Judge to Reconsider Order re: 2131 Order, by Gregory P. Burleson. (Jackson, Terrence) Modified event on 7/18/2017 (TR). (Entered: 07/18/2017)

07/19/2017-- 2179-- MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Gloria M. Navarro, as to Gregory P. Burleson on 7/19/2017. Pending before the Court is Defendant Gregory P. Burleson's ("Defendant's") 2175 Motion to Reconsider the Motion to Seal Defendant's Sentencing Memorandum. IT IS HEREBY ORDERED that Defendant shall file the Sentencing Memorandum under seal. The Court will then determine whether it is appropriate for the Sentencing Memorandum remain under seal if the data and information contained therein is of a confidential nature justifying sealing. (See D. Nev. LR IA 10-5(a)). (Copies have been distributed pursuant to the NEF - SP) (Entered: 07/19/2017)

07/19/2017-- 2184-- NON-OPPOSITION to 2170 Motion to Continue District Judge Hearing, 2168 Motion to Continue District Judge Hearing ; filed by USA as to Todd C. Engel. (Myhre, Steven) (Entered: 07/19/2017)

07/19/2017-- 2185-- SENTENCING MEMORANDUM by USA as to Gregory P. Burleson. (Myhre, Steven) (Entered: 07/19/2017)


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Jerry Mander
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Re: Bundy Trials - Nevada

#4533

Post by Jerry Mander » Wed Feb 07, 2018 5:24 pm

Just in from JJ McNabb’s twitter:

The DOJ has asked the federal judge to reconsider her dismissal with prejudice of the Cliven Bundy Nevada criminal case:

Link to document here:

http://t.co/ru5ZSIXcWM

:smoking:



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neeneko
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Re: Bundy Trials - Nevada

#4534

Post by neeneko » Wed Feb 07, 2018 6:56 pm

Jerry Mander wrote:
Wed Feb 07, 2018 5:24 pm
The DOJ has asked the federal judge to reconsider her dismissal with prejudice of the Cliven Bundy Nevada criminal case:
Can they actually do that? Well, of course they can _ask_, but since the judge has already ruled, is this something that can actually have an impact?



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bob
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Re: Bundy Trials - Nevada

#4535

Post by bob » Wed Feb 07, 2018 7:04 pm

neeneko wrote:
Wed Feb 07, 2018 6:56 pm
Jerry Mander wrote:
Wed Feb 07, 2018 5:24 pm
The DOJ has asked the federal judge to reconsider her dismissal with prejudice of the Cliven Bundy Nevada criminal case:
Can they actually do that? Well, of course they can _ask_, but since the judge has already ruled, is this something that can actually have an impact?
Motions are reconsideration are allowed, are sometimes filed, and are rarely granted.


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Volkonski
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Re: Bundy Trials - Nevada

#4536

Post by Volkonski » Wed Feb 07, 2018 7:37 pm

Meanwhile-


Vanessa_Murphy

@Vanessa_Murphy

#BREAKING: Government moves to dismiss the case against the four remaining #BundyTrial defendants. Motion filed today. @8NewsNow #BunkervilleStandoff
6:21 PM - Feb 7, 2018


:dazed:


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pipistrelle
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Re: Bundy Trials - Nevada

#4537

Post by pipistrelle » Wed Feb 07, 2018 8:09 pm

In the interest of justice? Where’s MY justice?



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