UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee, 

 v. 

DUANE LEO EHMER, 

Defendant-Appellant.

No. 17-30242 

D.C. No. 3:16-cr-00051-BR-10 

District of Oregon, 

Portland 

ORDER

UNITED STATES OF AMERICA, 

Plaintiff-Appellee, 

 v. 

DARRYL WILLIAM THORN, 

Defendant-Appellant.

No. 17-30246 

D.C. No. 3:16-cr-00051-BR-22 

UNITED STATES OF AMERICA, 

Plaintiff-Appellee, 

 v. 

JAKE RYAN, 

Defendant-Appellant.

No. 18-30025 

D.C. No. 3:16-cr-00051-BR-26 

UNITED STATES OF AMERICA, 

Plaintiff-Appellee, 

 v. 

JASON PATRICK, 

Defendant-Appellant.

No. 18-30042 

D.C. No. 3:16-cr-00051-BR-9 

FILED

JUN 4 2020

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

Case 3:16-cr-00051-BR Document 2754 Filed 06/04/20 Page 1 of 3
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UNITED STATES OF AMERICA, 

Plaintiff-Appellee, 

 v. 

JASON PATRICK; DUANE LEO 

EHMER; DARRYL WILLIAM 

THORN; JAKE RYAN, 

Defendants-Appellants.

No. 19-30077 

D.C. No. 3:16-cr-00051-BR-9 

Before: BERZON, COLLINS, and VANDYKE, Circuit Judges.

Submission of this appeal is vacated pending further order of the court.

Within 14 days of the entry of this order, the parties are directed to submit 

supplemental briefs addressing the following issues:

(1) The current versions of 50 C.F.R. §§ 26.21, 27.61, 27.65, and 28.31 

were adopted effective April 2, 1976. See 50 C.F.R., Parts 26–28, Source notes. 

The listed authorities under which the regulations were issued in 1976 include both 

“Sec. 4, 76 Stat. 654 (16 U.S.C. 460k[-3])” and “Sec. 4, 80 Stat. 927 (16 U.S.C. 

668dd).” See National Wildlife Refuge System; Public Use Regulations, 41 Fed. 

Reg. 9166, 9168 (Mar. 3, 1976) (Part 26); see also id. at 9169 (Part 27); id. at 9171 

(Part 28). Please address whether, as applied in this case, the referenced regulatory 

sections rest on the authority conferred in 16 U.S.C. § 460k-3 or on the authority 

conferred in 16 U.S.C. § 668dd, or both. In particular, does the authority conferred 

under § 460k-3 apply only in connection with a National Conservation 

Case 3:16-cr-00051-BR Document 2754 Filed 06/04/20 Page 2 of 3
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Recreational Area and, if so, does it apply in whole or in part to the Malheur 

National Wildlife Refuge?

(2) Please identify the specific portions of the record that show when and 

how the questionnaires involving jurors excluded for cause in chambers were made 

available to defense counsel and when the questionnaires were actually received by 

defense counsel.

(3) Please address what, if any, remedies would have been available if 

(a) shortly after the court’s January 27, 2017 email to counsel, defense counsel had 

received the questionnaires involving jurors excluded for cause in chambers; and 

(b) defense counsel had then successfully challenged one or more of those 

exclusions before jury selection was completed. 

The Government is directed to submit one supplemental brief addressing 

these three issues, and Appellants are directed to submit one joint supplemental 

brief addressing these three issues. Each such supplemental brief shall not exceed

fifteen pages or 4,200 words. 

In addition, within 14 days of the entry of this order, the Government’s filter 

team is directed to submit an additional supplemental brief elaborating on the first 

full paragraph of 2 SER 200. This separate supplemental brief shall be filed ex 

parte and under seal, and shall not exceed five pages or 1,400 words.

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