160427 Defendant's Motion to Dismiss Count 3 of the Superseding Indictment (United States v

Case 3:16-cr-00051-BR Document 465 Filed 04/27/16 Page 1 of 2 Per C. Olson, OSB #933863 HOEVET OLSON HOWES, PC 1000 ...

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Case 3:16-cr-00051-BR

Document 465

Filed 04/27/16

Page 1 of 2

Per C. Olson, OSB #933863 HOEVET OLSON HOWES, PC 1000 SW Broadway, Suite 1500 Portland, Oregon 97205 Telephone: (503) 228-0497 Facsimile: (503) 228-7112 Email: [email protected] Of Attorneys for Defendant

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON UNITED STATES OF AMERICA, Plaintiff, v. DAVID LEE FRY,

Case No. 3:16-CR-00051-13-BR DEFENDANT’S MOTION TO DISMISS COUNT 3 OF THE SUPERSEDING INDICTMENT

Defendant.

Certification of Conferral: Counsel for defendant David Lee Fry certifies that he has conferred with the government regarding this motion pursuant to the court’s orders. The government opposes the motion. Defendant, David Lee Fry, through his attorney, Per C. Olson, and on behalf of defendants similarly charged, hereby moves to Dismiss Count 3 of the Superseding Indictment on the ground that it fails to allege an offense. Fed. R. Crim. P. 12(b)(3)(B)(v). This motion is joined by all defendants named in Count 3, listed as follows: Ammon Bundy Jon Ritzheimer

Page 1 – DEFENDANT’S MOTION TO DISMISS COUNT 3 OF THE SUPERSEDING INDICTMENT

HOEVET OLSON HOWES, PC ATTORNEYS AT LAW 1000 S.W. BROADWAY, #1500 PORTLAND, OREGON 97205 (503) 228-0497

Case 3:16-cr-00051-BR

Document 465

Filed 04/27/16

Page 2 of 2

Ryan Payne Ryan Bundy Brian Cavalier Jason Patrick Sean Anderson David Lee Fry Corey Lequieu

In support of this Motion, defendants rely upon the Memorandum in Support of Defendant’s Motion to Dismiss Count 3 of the Superseding Indictment, filed today.

DATED this 27th day of April, 2016. /s Per C. Olson Per C. Olson, OSB 933863 Attorney for Defendant David Fry

Page 2 – DEFENDANT’S MOTION TO DISMISS COUNT 3 OF THE SUPERSEDING INDICTMENT

HOEVET OLSON HOWES, PC ATTORNEYS AT LAW 1000 S.W. BROADWAY, #1500 PORTLAND, OREGON 97205 (503) 228-0497