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Document 1396
Filed 10/07/16
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3:16-cr-00051-BR
ORDER DENYING DEFENDANT
AMMON BUNDYS MOTION
(#1360) TO STAY TRIAL
PROCEEDINGS PENDING
APPEAL
Defendants.
BROWN, Judge.
This matter comes before the Court on Defendant Ammon
Bundys Motion (#1360) to Stay Trial Proceedings Pending Appeal,
which Ammon Bundy filed on September 28, 2016.
The government
reply memorandum.
In his Motion Ammon Bundy moves to stay these proceedings on
two bases:
1 -
Case 3:16-cr-00051-BR
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Accordingly, Ammon
The Court notes it does not appear the Ninth Circuit has
opened a case or assigned a case number regarding Ammon Bundys
Notice (#1359) of Interlocutory Appeal regarding the Courts
Order (#1327) Denying Ammon Bundys Motion to Enjoin Prosecution.
Ammon Bundys Motion to Stay regarding his Notice (#1359) of
Interlocutory Appeal, therefore, is arguably unripe.
Nonetheless, to the extent Ammon Bundys Motion to Stay is ripe,
the Court denies it for the reasons that follow.
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McIntosh, 2016 WL
Id.,
Id., at
Id., at *2.
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Id., at *4.
Id., at *5.
The court
noted
in almost all federal criminal prosecutions, injunctive
relief and interlocutory appeals will not be
appropriate. Federal courts traditionally have
refused, except in rare instances, to enjoin federal
criminal prosecutions.
Id.
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Id.
Ammon Bundy
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appealable if it:
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United States v.
Accordingly, this
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7 -