Case 2:16-cr-00046-GMN-PAL Document 1296 Filed 01/13/17 Page 1 – 24
Payne Files Objection Regarding Leen’s RecommendationDefends 924(c) dismiss motion…Ryan Payne’s public defenders filed a lengthy objection to Magistrate Judge Peggy A. Leen’s Report and Recommendation (ECF No. 1218). Her report suggests that the Court should allow counts 3, 6, 9, and 15 stand on the superseding indictment for trial. These “stacked” or “enhancement” counts of 18 USC § 924(c), also known as “use and carry of a firearm in relation to a crime of violence”, carry near draconian statutory minimum sentence guidelines that would effectively incarcerate each defendant for life. Recent court decisions led to the scenario where Payne files objection regarding Leen’s recommendation.In […]