United States District Court, D. Nevada
ORDER (MOT. APPOINT ATTY - ECF, 3124)
A. LEEN UNITED STATES MAGISTRATE JUDGE
matter is before the court on Defendant Gregory P.
Burleson's Motion to Appoint Attorney (ECF No. 3124).
This Motion is referred to the undersigned pursuant to 18
U.S.C. § 3006A and LR IB 1-7(c) of the Local Rules of
March 2, 2016, a federal grand jury returned a Superseding
Indictment (ECF No. 27) against 19 defendants, including
Burleson. The court severed the case into three groups for
trial. Orders (ECF Nos. 1098, 1100-06, 1108-13). Burleson was
included in the first trial group. Id. Mr. Burleson
was convicted after a multi-week jury trial of multiple
felony offenses on April 24, 2017. Jury Verdict (ECF No.
1903). He was sentenced on July 26, 2017, to a lengthy term
of imprisonment. See Mins. of Proceedings (ECF No.
2211); Judgment (ECF No. 2220). He filed a Notice of Appeal
(ECF No. 2228) on August 1, 2017. On October 31, 2017, the
United States Court of Appeals for the Ninth Circuit granted
the motion of Mr. Burleson's appointed trial counsel,
Terrence M. Jackson, Esq., to be relieved as counsel of
record and for appointment of new counsel. Order (ECF No.
2801). Chief District Judge Gloria M. Navarro subsequently
appointed Mark Eibert, Esq., to represent Mr. Burleson for
his appeal. Order (ECF No. 2881).
defendants remaining in the second trial group, Cliven Bundy,
Ryan Bundy, Ammon Bundy and Ryan Payne (the “second
trial defendants”), proceeded to trial on October 30,
2017. Mins. of Proceedings (ECF No. 2796). The second trial
defendants filed multiple Motions to Dismiss (ECF Nos. 2883,
2906, 3082, 3085). See also Redacted Mots. (ECF Nos.
3057, 3058, 3087, 3088). On January 8, 2016, Judge Navarro
granted the motions and dismissed this case with prejudice as
to the second trial defendants. Mins. of Proceedings (ECF No.
3116); Judgment of Dismissal (ECF No. 3117). All pending
motions by the second trial defendants were subsequently
denied as moot as well as the related joinder motions by the
defendants in the third trial group, Mel and Dave Bundy,
Joseph O'Shaughnessy, and Jason Woods (the “third
trial defendants”). See Mins. of Proceedings
(ECF No. 3121). Judge Navarro indicated “the remaining
Defendants [were] permitted to refile motions which must
provide legal authority and factual information explaining
how the requested relief is directly applicable to the
remaining defendants no later than January 18, 2018.
January 12, 2018, months after he was relieved as counsel of
record, Burleson's former trial counsel, Mr. Jackson
filed the current motion asking the court to appoint another
attorney to represent Burleson before the district court
while his appeal is ongoing before the Ninth Circuit. The
request was made based on the dismissal of the second trial
defendants and Judge Navarro's Minute Order (ECF No.
3121) allowing the “remaining Defendants” to
refile motions. The motion argues that the facts,
circumstances and legal issues of Burleson's case are
virtually identical to the four dismissed defendants, and
should result in the same remedy. Mr. Jackson asks the court
to appoint experienced counsel appointed immediately to raise
any post-trial motions that may exist and to confer with
appellate counsel Mark Eibert, Esq., “concerning
procedural and jurisdictional issues and to fully protect all
of Defendant Burleson's rights.” Mot. at 2.
than appoint separate counsel, the court will expand Mr.
Eibert's appointment to include any post-trial motion(s)
before the district court that counsel deems appropriate, and
that Judge Navarro grants leave to file, based on the
Judgment of Dismissal (ECF No. 3117).
and for good cause appearing, IT IS ORDERED:
Defendant Gregory P. Burleson's Motion to Appoint
Attorney (ECF No. 3124) is GRANTED
limited appointment of Mark Eibert, Esq., as counsel for
Defendant Gregory P. Burleson is expanded to include any
post-trial motion(s) before the district court that counsel
deems appropriate, and that Judge Navarro grants leave to
file, based on the Judgment of Dismissal (ECF No. 3117).
 The remaining defendants in the third
trial group, Mel and Dave Bundy, Joseph O'Shaughnessy,
and Jason Woods, filed Motions for Joinder (ECF Nos. 3089,
3091, 3092, 3093, 3093) to Payne's Motion to Dismiss (ECF
No. 3087), but joinder was denied based on their failure to
demonstrate standing. See Jan. 5, 2018 Mins. of
Proceedings (ECF No. 3115).
 The Minute Order (ECF No. 3121) does
not specify who are the “remaining Defendants.”
However, a January 8, 2018 Minute Order (ECF No. 3116)
specifically identifies the “remaining
Defendants” as the third trial defendants (Mel and Dave
Bundy, O'Shaughnessy, and Woods). About one month later,
the third trial defendants were ...