Case 3:16-cr-00051-BR

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Filed 09/23/16

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BILLY J. WILLIAMS, OSB #901366

United States Attorney
District of Oregon
ETHAN D. KNIGHT, OSB #992984
GEOFFREY A. BARROW
CRAIG J. GABRIEL, OSB #012571
Assistant United States Attorneys
ethan.knight@usdoj.gov
geoffrey.barrow@usdoj.gov
craig.gabriel@usdoj.gov
1000 SW Third Ave., Suite 600
Portland, OR 97204-2902
Telephone: (503) 727-1000
Attorneys for United States of America

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON
UNITED STATES OF AMERICA
v.
AMMON BUNDY, et al.,

3:16-CR-00051-BR
GOVERNMENTS SECOND MOTION
FOR JUDICIAL NOTICE REGARDING
HAMMOND CASE

Defendants.
The United States of America, by Billy J. Williams, United States Attorney for the
District of Oregon, and through Ethan D. Knight, Geoffrey A. Barrow, and Craig J. Gabriel,
Assistant United States Attorneys, hereby moves the Court for supplemental judicial notice
regarding the Hammond case.
On the morning of September 14, 2016, the Court read to the jury a statement of judicial
notice regarding the Hammond case.

At the time, the Court omitted the portions of the

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Hammond case that referenced the specific lands involved in their arson convictions because the
defense had challenged the United States ownership of the Malheur National Wildlife Refuge.
The Court, however, invited the government to revisit the issue at a later point, once the question
of land ownership had been resolved.
Yesterday, the Court took judicial notice regarding the United States ownership of the
Malheur National Wildlife Refuge.

See ECF No. 1327.

The government now moves for

judicial notice of the facts set forth below, all of which are supported by the governments
original Motion for Judicial Notice regarding the Hammond case.

See ECF No. 1222.

The

underlined sections contain the additional language the government requests be added to the
Courts judicial notice statement of September 14, 2016.
Statement of Judicial Notice
On June 21, 2012, after a jury trial in the United States District Court for the District of
Oregon, Dwight and Steven Hammond were convicted of use of fire to damage and destroy
property of the United States (Arson). In particular, Dwight Hammond was convicted of one
count of Arson, on a Bureau of Land Management allotment in Harney County, Oregon.
And Steven Hammond was convicted of two counts of Arson, on a Bureau of Land
Management allotment, and on lands within the Malheur National Wildlife Refuge in
Harney County, Oregon.
On October 30, 2012, the trial judge who presided in that case declined to impose a
five-year mandatory minimum sentence, and instead sentenced Dwight Hammond to three
months in prison, and Steven Hammond to 12 months and one day in prison. The Hammonds
surrendered as ordered on January 4, 2013.
Governments Second Motion for Judicial Notice Regarding Hammond Case

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In the meantime, the Government appealed the sentence to the Ninth Circuit Court of
Appeals, which overturned the district judges sentence on February 7, 2014. The Hammonds
then appealed that decision to the U.S. Supreme Court, which denied review, making the Ninth
Circuit Court of Appeals decision final.
On October 7, 2015, as directed by the Ninth Circuit Court of Appeals, another United
States District Judge for this Court sentenced Dwight and Steven Hammond each to serve
mandatory five-year terms of imprisonment.

On January 4, 2016, the Hammonds reported to a

federal correctional institution to serve the remainder of their sentences.

Dated this 23rd day of September 2016.
Respectfully submitted,
BILLY J. WILLIAMS
United States Attorney

s/ Craig J. Gabriel
ETHAN D. KNIGHT, OSB #992984
GEOFFREY A. BARROW
CRAIG J. GABRIEL, OSB #012571
Assistant United States Attorneys

Governments Second Motion for Judicial Notice Regarding Hammond Case

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