Case 2:16-cr-00046-GMN-PAL Document 2664 Filed 10/12/17 Page 1 of 6
NGUYEN & LAY MATTHEW LAY, ESQ. Nevada State Bar Number 12249 732 South Sixth Street, Suite 102 Las Vegas, Nevada 89101 Telephone: (702) 383-3200 Facsimile: (702) 675-8174 Email: dml@lasvegasdefender.com Attorney for Blaine Cooper UNITED STATES DISTRICT COURT DISTRICT OF NEVADA UNITED STATES OF AMERICA, Plaintiff, vs. BLAINE COOPER, Defendant.
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2:16-cr-00046-GMN-PAL DEFENDANT BLAINE COOPER’S UNOPPOSED MOTION FOR RELEASE PENDING SENTENCING
Defendant, BLAINE COOPER, by and through his court-appointed attorney of record, MATTHEW LAY, ESQ., of NGUYEN AND LAY, and hereby moves this Court pursuant to 18 United States Code Section 3143 to release him on personal recognizance pending sentencing subject to conditions which will guarantee the safety of the community and eliminate the risk of flight. DATED this 12th day of October, 2017. NGUYEN & LAY By: /s/ Matthew Lay MATTHEW LAY, ESQ. Nevada Bar Identification No. 12249
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MEMORANDUM OF POINTS AND AUTHORITIES On March 02, 2016, the Government filed a Superseding Indictment in the United States District Court for the District of Nevada. See ECF No. 27. The Indictment charged the defendant, Blaine Cooper, with the following: Count 1: Conspiracy to Commit an Offense Against the United States, in violation of 18 U.S.C. § 371; Count 2: Conspiracy to Impede and Injure a Federal Officer, in violation of 18 U.S.C. § 372; Count 5: Assault on a Federal Officer, in violation of 18 U.S.C. § 111(a)(1) and (b); Count 8: 18 U.S.C. Threatening a Federal Law Enforcement Officer, in violation of 18 U.S.C. § 115(a)(1)(B); Counts 3, 6, 9, and 15: Use an Carry of a Firearm in Relation to a Crime of Violence, in violation of 18 U.S.C. § 924(c); Count 12: Obstruction of the Due Administration of Justice, in violation of 18 U.S.C. § 1503; Count 14: Interference with Interstate Commerce by Extortion, a violation of 18 U.S.C. § 1951; and, Count 16: Interstate Travel in Aid of Extortion, a violation of 18 U.S.C. § 1952. ECF No. 27. The indictment also charges eighteen (18) co-defendants. Id. The indictment also included four (4) forfeiture allegations. Id. The charges stemmed from a standoff with law enforcement agents near Bunkerville, Nevada, in April of 2014. Id. On August 25, 2016, Mr. Cooper pleaded guilty to Counts 1 and 5 of the Superseding Indictment. The district court remanded Mr. Cooper into custody in the Nevada case pending sentencing. A sentencing hearing in the instant matter is scheduled for January 05, 2018. On Friday, October 06, 2017, the undersigned consulted with counsel for the Government regarding the issue of pre-sentencing release. Ultimately, counsel for the Government indicated that it would not oppose the instant motion provided the government is free to argue for, and the Court is free to impose, terms and conditions of release that are consistent with those imposed on other co-defendants in this case.
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COOPER SHOULD BE RELEASED PENDING SENTENCING BECAUSE HE DOES NOT PRESENT A RISK OF FLIGHT OR A DANGER TO THE COMMUNITY 18 U.S.C. § 3143(a)(1) provides, in pertinent part, the following: the judicial officer shall order that a person who has been found guilty of an offense and who is awaiting imposition or execution of sentence, other than a person for whom the applicable guideline promulgated pursuant to 28 U.S.C. 994 does not recommend a term of imprisonment, be detained, unless the judicial officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to the safety of any other person or the community if released under section 3142(b) or (c). If the judicial officer makes such a finding, such judicial officer shall order the release of the person in accordance with section 3142(b) or (c). 18 U.S.C. § 3142(b) provides, in pertinent part, the following: The judicial officer shall order the pretrial release of the person on personal recognizance, or upon execution of an unsecured appearance bond in an amount specified by the court, subject to the condition that the person not commit a Federal, State, or local crime during the period of release and subject to the condition that the person cooperate in the collection of a DNA sample from the person if the collection of such a sample is authorized pursuant to section 3 of the DNA Analysis Backlog Elimination Act of 2000 …. 18 USC § 3142(g)(3) enumerates factors to be considered by the judicial officer in determining whether there are conditions of release that will reasonably assure the appearance of the person as required and the safety of any other person and the community. Specifically, 18 USC § 3142(g)(3) mandates that the judicial officer take into account the available information concerning the following: (3) the history and characteristics of the person, including— (A) the person’s character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearance at court proceedings …
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On August 25, 2016, Mr. Cooper pleaded guilty of various offences related to the standoff at the Bundy Ranch near Bunkerville, Nevada. As a consequence of the guilty plea, the district court remanded Mr. Cooper into custody pending sentencing. See ECF No. 645. Facts relevant to Mr. Cooper’s request for release pending sentencing include the following: (A) Age: Mr. Cooper is 36 years old. (B) Marital status: Mr. Cooper has been married since 2010. (C) Children: Mr. Cooper has two children, ages eight- and ten-years-old. (D) Employment: Mr. Cooper has been receiving Supplemental Security Income (SSI) since 2012. (E) Criminal History: Mr. Cooper has prior felony convictions from a 2009 incident in Yavapai County, Arizona, in which he pleaded guilty to one (1) count of Disorderly Conduct with a Weapon Per Domestic Violence, and one (1) count of Aggravated Assault Per Domestic Violence. (F) Health: Mr. Cooper takes no prescription medications. He has no “history relating to drug or alcohol abuse.” (G) Ties to the Community: Mr. Cooper has lived in Yavapai County, Arizona, since the age of fourteen (14). (H) Pretrial Detention: Mr. Cooper was arrested in this case on February 11, 2016. He was arraigned, entered a plea of not guilty, and subsequently detained on April 15, 2016. Mr. Cooper has been detained since that time. (I) Representation by Court-Appointed Counsel: After determining that Mr. Cooper qualified for court-appointed counsel under the Criminal Justice Act, 18 USC § 3006A,
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the Court appointed the undersigned lawyer to represent Mr. Cooper in this matter. See ECF No. 267. Given the foregoing, there exists “clear and convincing evidence� that, if released on his own recognizance subject to any conditions this Court deems necessary pending sentencing, Mr. Cooper is not likely to flee. Mr. Cooper has strong family and community ties to Yavapai County, Arizona. He quickly accepted responsibility for his criminal behavior in the instant matter. Mr. Cooper has no desire to flee the jurisdiction. Mr. Cooper stands to benefit substantially by virtue of the terms of his guilty plea agreement. Were he to flee the jurisdiction, Mr. Cooper would risk a significant increase in his ultimate sentencing exposure. This by itself represents a meaningful psychological burden that would inhibit any inclination by Mr. Cooper to flee. Moreover, Mr. Cooper has expressed a strong desire to reconnect with his family, particularly his young children, and reestablish a stable living environment for them and himself pending sentencing in this matter. Accordingly, Mr. Cooper should be released pending sentencing. CONCLUSION Mr. Cooper respectfully request that he be release on his own recognizance because he is neither a flight risk nor a danger to the community. DATED this 12th day of October, 2016. NGUYEN & LAY By: /s/ Matthew Lay MATTHEW LAY, ESQ. Nevada Bar Identification No. 12249
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CERTIFICATE OF SERVICE I hereby certify that on this 12th day of October, 2016, I caused a true and correct copy of this DEFENDANT BLAINE COOPER’S UNOPPOSED MOTION FOR RELEASE PENDING SENTENCING to be sent through the CMECF system to the following parties: STEVEN MYHRE Acting United States Attorney NADIA JANJUA AHMEN Special Assistant United States Attorney By: /s/ Matthew Lay MATTHEW LAY, ESQ. Nevada Bar Identification No.: 12249 Attorney for Defendant BLAINE COOPER
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