Case 2:06-cr-00234-GMN-GWF Document 875 Filed 03/04/24 Page 1 of 7
`
`
`ANGELA H. DOWS, ESQ.
`Nevada Bar No. 10339
`adows@crdslaw.com
`CORY READE DOWS & SHAFER
`1333 North Buffalo Drive, Suite 210
`Las Vegas, Nevada 89128
`Telephone: (702) 794-4411
`Facsimile: (702) 794-4421
`Attorney for Defendant DONNIE BRYANT
`
`
`
`
`
`
`UNITED STATES DISTRICT COURT
`
`DISTRICT OF NEVADA
`
`
`
`UNITED STATES OF AMERICA,
`
` Plaintiff,
`
` v.
`
`DONNIE BRYANT,
`
` Defendant.
`
`
`
`***
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`Case No. 2:06-cr-00234-GMN-GWF
`
`
`DONNIE BRYANT’S UNOPPOSED
`MOTION FOR EXTENSION OF
`TIME TO FILE RENEWED MOTION
`FOR SENTENCE REDUCTION
`
`Defendant DONNIE BRYANT, by and through counsel, Angela H. Dows, Esq.,
`
`respectfully requests that this Court grant Defendant an extension of time of twenty-nine (29)
`
`days or until on or before March 29, 2024 to file a renewed motion for sentence reduction
`
`pursuant to this Court’s Order entered on January 31, 2024 (ECF No. 867). This Motion is based
`
`upon the attached points and authorities and all pleadings and papers on file herein.
`
`
`
`DATED this 1st day of March, 2024.
`
`
`
`By: /s/ Angela H. Dows
`CORY READE DOWS & SHAFER
`Attorney for Defendant DONNIE BRYANT
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`
`
`

`

`Case 2:06-cr-00234-GMN-GWF Document 875 Filed 03/04/24 Page 2 of 7
`
`
`
`MEMORANDUM OF POINTS AND AUTHORITIES
`
`I.
`
`FACTUAL AND PROCEDURAL BACKGROUND
`
`A.
`
`Convictions for Murder and Weapons Offenses Committed While Donnie
`Bryant was a Juvenile, with Sentence of Life Imprisonment Plus Fifty Years.
`
`In February of 2006, over seventeen years ago, Donnie Bryant was convicted on several
`
`counts of Violent Crimes in Aid of Racketeering Activity (“VICAR”), including murder and
`
`weapons offenses under 18 U.S.C. § 924(c) (“other offenses”). (ECF No. 826, at page 1 of 15.)
`
`All of Donnie Bryant’s offenses were for acts committed while Donnie Bryant was a juvenile.
`
`(ECF No. 18.) Donnie Bryant was sentenced to life imprisonment for the VICAR murder count,
`
`plus an additional fifty years for the other offenses. (ECF No. 566.)
`
`B.
`
`Amended Judgments Following the United States Supreme Court Decisions
`in Miller v. Alabama and Johnson v. United States.
`
`In March of 2010, this Court entered an amended judgment that sentenced Donnie Bryant
`
`to life imprisonment on the VICAR murder count, plus an additional forty years for the other
`
`offenses. (ECF No. 617.) Following the United States Supreme Court’s decision in Miller v.
`
`Alabama, 567 U.S. 460 (2012), this Court resentenced Donnie Bryant to forty years of
`
`imprisonment for the VICAR murder count, plus forty years of imprisonment for the other
`
`offenses, for a total of eighty years of imprisonment. (ECF No. 694.)
`
`Following the United States Supreme Court’s decision in Johnson v. United States, 135
`
`S.Ct. 2551 (2015), this Court entered a Judgment in September of 2019 that granted in part and
`
`denied in part Donnie Bryant’s motions to vacate. (ECF No. 826.) The Court in part vacated
`
`Donnie Bryant’s conviction as to Count 6 and his sentence of imprisonment of ten years as to the
`
`same. (ECF No. 827, at page 1 of 1.)
`
`
`
`
`
`
`
`2
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`
`
`
`
`

`

`Case 2:06-cr-00234-GMN-GWF Document 875 Filed 03/04/24 Page 3 of 7
`
`
`
`C. Motion for a Reduced Sentence Under the First Step Act.
`
`On July 5, 2023, Donnie Bryant filed a pro se motion to reduce his sentence under the
`
`First Step Act. (ECF No. 849.) Donnie Bryant argued that: (1) there is an unfair disparity
`
`between his sentence and the sentence of his co-defendant Jonathon Toliver, (2) there is an unfair
`
`disparity in sentences considering the fact that he was a juvenile at the time of the offenses, and
`
`(3) he has participated in educational programs and has become a better person through self-
`
`improvement, and sincerely believes that a reduction in his sentence would allow him to
`
`“contribute to society.” (ECF No. 849, at page 1 of 1.)
`
`On July 13, 2023, following the appointment of counsel, this Court ordered that
`
`appointed counsel be allowed to file a supplement Donnie Bryant’s pro se motion. (ECF No.
`
`854), which was later filed (ECF No. 857). The Government filed a response (ECF No. 859),
`
`and appointed counsel filed a reply (ECF No. 864).
`
`D.
`
` Order Denying Motion for Sentence Reduction.
`
`On November 14, 2023, this Court issued an order that denied without prejudice
`
`Defendant’s Motion for Sentence Reduction. (ECF No. 865). The order additionally provided
`
`Defendant until February 1, 2024 to file another motion for sentence reduction, with the renewed
`
`motion to “remedy the deficiencies identified in this Order.” (ECF No. 865). The current
`
`renewed motion is due on or before March 1, 2024. (ECF No. 867).
`
`E.
`
` Motion for Copies of Sealed or Stricken Documents/Items.
`
`On February 13, 2024, Donnie Bryant filed a pro se motion that was stricken by this
`
`Court on the same day. (ECF Nos, 869, 871). On February 16, 2024, without revealing the
`
`substance of the communications, instant counsel had a telephone conference with Donnie
`
`Bryant in which the need to obtain certain documents or information was understood by instant
`
`counsel.
`
`
`
`
`
`3
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`
`
`
`
`

`

`Case 2:06-cr-00234-GMN-GWF Document 875 Filed 03/04/24 Page 4 of 7
`
`
`
`On February 26, 2024, instant counsel left a voicemail with the U.S. District Court’s
`
`clerk’s office to request copies of certain documents. On February 28, 2024, instant counsel had
`
`a telephone conference and sent separate electronic correspondences to the U.S. District Court’s
`
`clerk’s office for a copy of:
`
`a.
`
`b.
`
`Donnie Bryant’s pro se motion for sentence reduction filed on February 12, 2024.
`
`A docket in a juvenile delinquency case from 2004 in which Donnie Bryant was a
`
`named defendant.
`
`On March 1, 2024, instant counsel received responses to the requests as follows:
`
`a. Since ECF 869 was stricken from the record, it is now a restricted document viewable
`to court personnel only. You may file a motion requesting to obtain this document.
`The judge can review the motion and enter a ruling on your request. (See Exhibit 1
`(emphasis in original)).
`
`b. Per my supervisor’s review, there is a sealed docket sheet for this defendant in case
`2:04-cr-00495 . If you wish to obtain a copy of this sealed docket sheet, you will need
`to file a motion. (See Exhibit 1 (emphasis in original)).
`
`
`On March 1, 2024, following said conferrals, instant counsel filed a motion for copies of sealed
`
`and/or stricken documents or information. (ECF No. 872).
`
`Instant counsel now files a motion for extension of time to file a renewed motion for
`
`sentence reduction.
`
`II.
`
`ARGUMENT
`
`Instant counsel respectfully requests an extension of time of twenty-nine (29) days, or to
`
`on or before March 29, 2024 to file a renewed motion for sentence reduction. Said request is
`
`made under the following reasoning:
`
`a. Instant counsel has diligently worked on
`
`the matter,
`
`including conferring
`
`telephonically and via U.S. Mail correspondences.
`
`
`
`
`
`4
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`
`
`
`
`

`

`Case 2:06-cr-00234-GMN-GWF Document 875 Filed 03/04/24 Page 5 of 7
`
`b. Instant counsel set up and completed a call via the counselor for Donnie Bryant in
`
`February of 2024, which took additional conferring due to Donnie Bryant’s in-
`
`custody status.
`
`c. After said telephone call, instant counsel was left with the impression that Donnie
`
`Bryant would like counsel to review one or more pro se filings by Donnie Bryant in
`
`preparation for his renewed motion for sentence reduction, including a filing in the
`
`year 2006, and in February of 2024, as well as a docket from a 2004 case.
`
`d. That, additionally, counsel with the Federal Public Defender’s Office also inquired
`
`with instant counsel as to Donnie Bryant’s February 2024 pro se motion insofar as the
`
`motion requested relief under Amendment 821.
`
`e. Instant counsel advised the Federal Public Defender’s Office that counsel would try
`
`and obtain a copy of the pro se motion for review by the Federal Public Defender’s
`
`Office to see if there is an argument under Amendment 821.
`
`f. In order to properly represent Donnie Bryant and review all potential information in
`
`preparation for the renewed motion, instant counsel respectfully requests an extension
`
`of time for the Court to rule on the March 1, 2024 motion for copies of sealed or
`
`stricken documents and information, as well as review the information obtained
`
`therein.
`
`g. The instant Motion is not being prepared or filed under any bad faith, or lack of due
`
`diligence.
`
`h. On March 1, 2024, instant counsel conferred with counsel for the Government,
`
`Assistant United States Attorney Jim W. Fang, regarding the proposed extension.
`
`Said counsel advised that there was not an opposition to said request.
`
`
`
`5
`
`
`
`
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`
`
`
`
`

`

`Case 2:06-cr-00234-GMN-GWF Document 875 Filed 03/04/24 Page 6 of 7
`
`i. That Defendant Donnie Bryant does not have an objection to said extension due to
`
`said request encapsulates Donnie Bryant’s requests as to the anticipated timeline.
`
`III.
`
`CONCLUSION
`
`That, accordingly, instant counsel respectfully requests an additional twenty-nine (29)
`
`days, or on or before Friday, March 29, 2024 by which to file a renewed motion for reduction
`
`of sentence.
`
`Respectfully submitted this 1st day of March, 2024.
`
`By: /s/ Angela H. Dows
`CORY READE DOWS & SHAFER
`Attorney for Defendant DONNIE BRYANT
`
` ORDER
`
`IT IS SO ORDERED. The deadline for Defendant to file a Renewed Motion
`for Sentence Reduction is extended until Friday, March 29, 2024.
`
`Dated this ____ day of March, 2024.
`
`___________________________
`Gloria M. Navarro, District Judge
`UNITED STATES DISTRICT COURT
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`6
`
`4
`
`

`

`Case 2:06-cr-00234-GMN-GWF Document 875 Filed 03/04/24 Page 7 of 7
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby affirms that a copy of the foregoing:
`
`DONNIE BRYANT’S UNOPPOSED MOTION FOR
`EXTENSION OF TIME TO FILE
`RENEWED MOTION FOR SENTENCE REDUCTION
`
`
`has been served on all counsel of record as listed below, via electronic transmission, pursuant to
`
`local Order, as follows:
`
`JIM W. FANG
`Assistant United States Attorney
`501 Las Vegas Boulevard South, Suite 1100
`Las Vegas, Nevada 89101
`jim.fang@usdoj.gov
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`DATED this 1st day of March, 2024.
`
` ___/s/_____________________
` ANGELA H. DOWS, ESQ.
`
`
`
`
`
`
`
`
`7
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`
`
`
`
`