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United States v. Payne

United States District Court, D. Nevada

January 6, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
RYAN W. PAYNE, Defendant.

          ORDER (MOT STRIKE SURPLUSAGE - ECF NO. 718)

          PEGGY MEEN UNITED STATES MAGISTRATE JUDGE.

         Before the court is Defendant Ryan W. Payne's ("Payne") Motion to Strike Surplusage from Superseding Indictment (ECF No. 718) which was referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(A) and LR IB 1-3. The court has reviewed the motion and Joinders of McGuire, O'Shaughnessy, Mel Bundy, Santilli, Stewart, Woods, Dave Bundy, Lovelien, Engel, Ammon Bundy, and Cliven Bundy (ECF Nos. 719, 725, 726, 732, 742, 747, 765, 783, 827, 839, 849), the government's Opposition (ECF No. 928), and Payne's Reply (ECF No. 953).

         BACKGROUND

         Payne is charged in a superseding indictment returned March 2, 2016, with:

• Count One - Conspiracy to commit an offense against the United States in violation of 18 U.S.C. § 371. This charge arises from conduct that allegedly occurred sometime between March of 2014 and March 2, 2016.
• Count Two - Conspiracy to impede or injure a federal officer in violation of 18 U.S.C. § 372. This charge arises from conduct that allegedly occurred sometime between March of 2014 and March 2, 2016.
• Count Three - Use and carry of a firearm in relation to a crime of violence in violation of 18 U.S.C. § 924(c) and § 2. This charge arises from conduct that allegedly occurred sometime between March of 2014 and March 2, 2016.
• Count Four - Assault on a federal officer in violation of 18 U.S.C. § 111(a)(1), (b) and § 2. This charge arises from conduct that allegedly occurred on April 9, 2014.
• Count Five - Assault on a federal officer in violation of 18 U.S.C. § 111(a)(1), (b) and§ 2. This charge arises from conduct that allegedly occurred on April 12, 2014.
• Count Six - Use and carry of a firearm in relation to a crime of violence in violation of 18 U.S.C. § 924(c) and § 2. This charge arises from conduct that allegedly occurred on April 12, 2014.
• Count Seven - Threatening a federal law enforcement officer, in violation of 18 U.S.C. § 115(a)(1)(B) and § 2. This charge arises from conduct that allegedly occurred on April 11, 2014.
• Count Eight - Threatening a federal law enforcement officer in violation of 18 U.S.C. § 115(a)(1)(B) and § 2. This charge arises from conduct that allegedly occurred on April 12, 2014.
• Count Nine - Use and carry of a firearm in relation to a crime of violence in violation of 18 U.S.C. § 924(c) and § 2. This charge arises from conduct that allegedly occurred on April 12, 2014.
• Count Ten - Obstruction of the due administration of justice in violation of 18 U.S.C. § 1503 and § 2. This charge arises from conduct that ...

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