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United States v. Mumford

United States District Court, D. Oregon

February 16, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
MARCUS MUMFORD, Defendant.

          ORDER

          JOHN C. COUGHENOUR UNITED STATES DISTRICT JUDGE

         This matter comes before the Court on Defendant's motion to dismiss Count 1, (Dkt. No. 9), and motion to dismiss all counts, (Dkt. No. 11), and the Government's motion for a bench trial (Dkt. No. 10). Having thoroughly considered the parties' briefing and the relevant record, and oral argument heard February 15, 2017, the Court hereby GRANTS the Government's motion for a bench trial, (Dkt. No. 10), DENIES Defendant's motion to dismiss all counts, (Dkt. No. 11), and GRANTS Defendant's motion to dismiss Count 1, (Dkt. No. 9), for the reasons explained herein.

         I. BACKGROUND

         Defendant Marcus Mumford represented Mr. Ammon Bundy in a criminal trial occurring in the District of Oregon from September 7, 2016, until October 27, 2016, when the jury returned a not guilty verdict. (Dkt. No. 11 at 2; Dkt. No. 17 at 1.) Defendant's client had been detained on the underlying matter in the District of Oregon, (Dkt. No. 17 at 2), but there was also a separate order of detention against Mr. Bundy in the District of Nevada for different charges. (Id.; Dkt. No. 17-1 at 2-3); see also United States v. Bundy, et al., Case No. 2:16-CR-00046 (D. Nevada 2016).

         Following the acquittal of his client, and dismissal of the jury, Defendant stood to argue for the immediate release of Mr. Bundy. (Dkt. No. 11 at 5; Dkt. No. 11-4 at 5.) The Honorable Anna Brown, United States District Judge, informed Defendant that Mr. Bundy was released as to the charge in Oregon, but that he was still subject to the hold by the District of Nevada. (Dkt. No. 11-4 at 5.) According to the transcript, Defendant's exchange with Judge Brown became heated, and she admonished Defendant, “Mr. Mumford, you really need to not yell at me now or ever again.” (Id. at 6.) Defendant argued that unless he was shown a warrant or additional paperwork, he was instructing his client that he was free to leave the courtroom.

THE COURT: What I'm saying is that the marshals-the marshals have a hold-notice of a hold from Nevada, and you're going to need to take up those issues with Nevada and the marshals. Not with me.
MR. MUMFORD: And what I'm saying is if they have papers, an arrest warrant for Mr.-Mr. Bundy, to transport him, then I'm happy to see that; but until I do, my instruction to him is he is free to leave.
THE COURT: Well, he can do what he wishes, but he's in the marshals' custody right now, and he needs to go back with them right now to the jail because of the hold.
MR. MUMFORD: No, he does not. He is free.
THE COURT: Mr. Mumford, you can take it up to a higher court now. Take Mr.- MR. MUMFORD: He's free, Your Honor.
THE COURT: Mr. Mumford-
MR. MUMFORD: He has beaten these- U.S. MARSHAL: Stand down.

(Id. at 6-7.) Shortly thereafter Judge Brown instructed everyone to back up. (Id. at 7.) Defendant continued to argue at which point Judge Brown stated “I'm not going to argue with you. We are in recess.” (Id.) The Marshals then moved in to take Mr. Bundy into custody. It appears from the transcript and the courtroom video that Defendant interfered with the Marshals taking his client into custody.

U.S. MARSHAL: Come to the fourth floor, and we will show you [the detainer].
U.S. MARSHAL: We'll show it to you.
MR. MUMFORD: No. No. He is free right here and ...

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