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Case 2:16-cr-00046-GMN-PAL Document 150 Filed 03/18/16 Page 1 of 4
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TERRENCE M. JACKSON, ESQ.
Nevada Bar No. 00854
Law Office of Terrence M. Jackson
624 South Ninth Street
Las Vegas, NV 89101
T: 702-386-0001 / F: 702-386-0085
[email protected]
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Counsel for Defendant, Gregory P. Burleson
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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UNITED STATES OF AMERICA,
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Plaintiff,
v.
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GREGORY P. BURLESON,
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Defendant.
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CASE NO.: 2:16-CR-00046-3-GMN-PAL
DEFENDANT’S MEMORANDUM IN SUPPORT OF PRETRIAL RELEASE
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COMES NOW
Defendant, GREGORY P. BURLESON, by and through counsel,
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TERRENCE M. JACKSON, ESQ., and moves this Court for pretrial release because he does not
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present a risk of nonappearance and he is not a danger to the safety of others. There exist conditions
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that can be drafted to ensure his appearance and also guarantee the public’s safety, 18 U.S.C. §
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3142(e).
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Defendant is willing to accept the following conditions and any other this Honorable Court
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deems appropriate:
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(1)
Restrict his movement to Phoenix, Arizona, and Clark County, Nevada;
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(2)
Surrender any passport;
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(3)
Forfeit the possession of any firearm or other weapon(s);
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(4)
Forbid the Defendant associating with all other co-defendants in this indictment;
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(5)
Forbid the Defendant from using the internet while on pretrial release.
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It should be noted that the Defendant’s total blindness makes most of the conditions, and any
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other conditions that may be imposed, unnecessary to assure his appearance and/or to protect the
public.
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The Government cannot establish with his current medical condition, which will never
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improve, that he is a danger to anyone. It is absurd to argue that a helpless blind man can present a
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danger to others. Whatever his past record, and it is relatively minimal for a fifty-two year old man,
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(he has one DUI conviction and one felony/misdemeanor conviction for a road-rage type offense
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assault for which he served one day) the burden is on the Government to show by clear and
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convincing evidence that he is a risk of safety to others if he is released pretrial. United States v.
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Scales, 344 F.Supp.2d 213 (D. Me. 2004).
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Although the Government in their memorandum has possibly made a good argument for
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detaining co-defendant Cliven D. Bundy, it nevertheless fails to establish Gregory P. Burleson is a
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danger to flee or that he presents a danger to the community. Despite government attempts to suggest
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Burleson has a horrible criminal record, they have failed in this characterization of his record. They
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have greatly exaggerated the extent of his past misdeeds. Burleson has only served a total of eleven
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days in jail in his whole life before this case. Since being put in jail he has been denied necessary
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medication for his seizure disorder and for his recent eye surgeries. (See, Defense Exhibit ‘A’ )
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The bail reform act emphasizes that the Defendant is presumed innocent. Despite the
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allegations by the Government of hundred of adverse witnesses the Government has interviewed and
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the terabyte of data they have seized from search warrants and social media, they have not yet
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convicted Defendant of any crime.
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They have alleged hyperbolic statements by the Defendant on Facebook where he has
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questioned and insulted the Government and Government leaders including President Obama. These
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Facebook postings even if made by the Defendant, are not sufficient to compel in-custody status of
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the Defendant in this case.
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Defendant, is not, or has not ever been charged with incitement to riot or any other crime that
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would obviate his free speech rights. See, Brandenburg v. Ohio, 395 U.S. 444, 89 S.Ct. 1827, 1829,
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23 L.Ed.2d 430 (1969). “The Constitutional guarantees of free speech and free press do not permit
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a State to forbid or proscribe advocacy of use of force or of law violation except where such
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advocacy is directed to inciting or producing imminent lawless action and is likely to incite or
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produce such action.” Stewart v. McCoy, 537 U.S. 993, 123 S.Ct. 468, 470, 154 L.Ed.2d 361 (2002).
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Case 2:16-cr-00046-GMN-PAL Document 150 Filed 03/18/16 Page 3 of 4
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While some of the alleged postings are distasteful and offensive they do not require the
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Defendant remain incarcerated for months awaiting trial.
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CONCLUSION
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There do exist conditions that will prevent Defendant from fleeing and prevent him from
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being a risk of harm to the community. Keeping him incarcerated would violate his rights under both
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the Bail Reform Act of 1984 and the Eighth Amendment. It would amount to unnecessary and
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unwarranted pretrial punishment and this court should deny the prosecutor’s request to detain
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Defendant pretrial but instead release him with reasonable conditions on pretrial release.
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DATED this 18th day of March, 2016.
/s/ Terrence M. Jackson
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Terrence M. Jackson, Esquire
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Nevada Bar No.: 00854
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Law Office of Terrence M. Jackson
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624 South Ninth Street
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Las Vegas, NV 89101
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T: 702-386-0001 / F: 702-386-0085
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[email protected]
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Counsel for Defendant, Gregory P. Burleson
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Case 2:16-cr-00046-GMN-PAL Document 150 Filed 03/18/16 Page 4 of 4
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CERTIFICATE OF ELECTRONIC FILING AND SERVICE
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I hereby certify that service of the above entitled DEFENDANT’S MEMORANDUM IN
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SUPPORT OF PRETRIAL RELEASE was made this 18th day of March, 2016, upon the parties in
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this action by CM/ECF (electronic filing) as follows:
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DANIEL G. BOGDEN
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United States Attorney
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NICHOLAS D. DICKINSON
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Assistant United States Attorney
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NADIA AHMED
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Special Assistant United States Attorney
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STEVEN MYHRE
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First Assistant United States Attorney
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/s/ Ila C. Wills
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By:
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Legal Assistant to Terrence M. Jackson
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