Case 3:16-cr-00051-BR

Document 1208

Filed 09/07/16

Page 1 of 3

AT THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON
PORTLAND DIVISION
UNITED STATES,
Plaintiff,
v.
RYAN BUNDY,
Defendant named in error.

CASE NO. 3:16-cr-00051-BR-05]

AFFIDAVIT
VERIFIED

Defendant RYAN BUNDYS Motion for Discovery of Statements of Co-Defendants and

Co-Conspirators and Memorandum of Points and Authorities in Support Thereof
COMES NOW DEFENDANT, RYAN BUNDY, and respectfully submits this motion for
discovery of statements of co-defendants and co-conspirators. Mr. BUNDY asks
this Court for an order directing the government to permit inspection and copying of any
statement of any co-defendant or co-conspirator that the government intends to offer
against him under Fed.R.Evid. 801(d)(2)(E). A hearing on this motion is respectfully
requested.
Mr. BUNDY request specifically includes, but is not limited to:

1. Relevant written or recorded statements or wiretap intercepts and consensual calls

made by any co-defendant or claimed co-co-conspirator, indicted or unindicted, that are
in the governments possession, custody, or control, or that through due diligence may
become known to the government; and,

2. The substance of any oral statement or wiretap intercepts and consensual calls that
the government intends to offer in evidence at the trial of this matter made by any co-

Case 3:16-cr-00051-BR

Document 1208

Filed 09/07/16

Page 2 of 3

defendant or claimed co-conspirator, indicted or unindicted, before or after arrest, in

response to interrogation by any person known to the declarant to be a government
agent.

3. The legal theory the government will use for introduction of such statements.

Memorandum of Points and Authorities

Generally a defendant is entitled to co-conspirator or co-defendant statements
admissible against the defendant under Fed.R.Evid. 801(d)(2)(E) if the government
does not intend to call the co-conspirator as a witness. See United States v. Disston,
612 F.2d 1035 (7th Cir. 1980); United States v. Percevault, 490 F.2d 126 (3rd Cir. 1974);
United States v. McMillen, 489 F.2d 229 (7th Cir. 1972). Accordingly, co-conspirator
statements are discoverable under Fed.R.Crim.P. 16(a)(1)(A). United States v. Thevis,
84 F.R.D. 47 (N.D.Ga. 1979).

WHEREFORE, for the foregoing reasons and those that may appear at a hearing on
this request, Mr. BUNDY respectfully asks this Court for an order directing the
government to permit him to inspect and to copy any statements of any co-defendant or
co-conspirator that the government intends to offer against him at trial.

Respectfully submitted,
/s/ryan c bundy
______________________________
ryan c of the bundy society
Dated: 9/7/16

Case 3:16-cr-00051-BR

Document 1208

Filed 09/07/16

Verification
I certify the foregoing is true and correct under
the penalty of perjury pursuant to 28 USC
1746 that I am over the age of 18 years, that I
have personal knowledge of the facts stated
herein, and that I am fully competent to testify to
those facts.
/s/ryan c bundy
_________________________
ryan c of the bundy society

Certificate of Service
This the 7th day of September 2016 a true and
correct copy of the foregoing was served to the
court, and opposing counsel by first-class mail or
better.
/s/ryan c bundy
______________________
ryan c of the bundy society

Page 3 of 3