Case 2:16-cr-00046-GMN-PAL Document 672 Filed 09/20/16 Page 1 of 4

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CHRIS T. RASMUSSEN, ESQ.

Nevada Bar 7149
RASMUSSEN & KANG
330 South 3 rd Street, Suite 1010
Las Vegas, Nevada 89101
(702) 464-6007
Attorney for Peter Santilli

UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA
***

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UNITED STATES OF AMERICA,

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Plaintiff,
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v.
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PETER SANTILLI,
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Defendant.
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________________________________)

2:16-cr-00046-GMN-PAL
MOTION TO CONTINUE
CASE MANAGEMENT RULE 12
MOTIONS DEADLINES BY 30 DAYS

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Defendant, PETER SANTILLI, by and through his attorney of record, Chris T.

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Rasmussen, Esq., submits the following Motion To Continue Case Management Rule
12 Motions Deadlines by 30 Days.
DATED this 20th day of September, 20116.
Respectfully submitted,
___/s/___________________________
CHRIS T. RASMUSSEN, ESQ.
Nevada Bar 7149
330 South 3 rd Street, Suite 1010
Las Vegas, Nevada 89101
(702) 464-6007

Case 2:16-cr-00046-GMN-PAL Document 672 Filed 09/20/16 Page 2 of 4

MEMORANDUM OF POINTS AND AUTHORITIES

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Factual Summary

Santilli was indicted on February 17, 2016, in which he was charged in Count

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One-Conspiracy in violation of 18 U.S.C. 371, Count Two-Conspiracy to Impede or

Injury a Federal Officer in violation of 18 U.S.C. 372, Counts Three, Six, Nine &

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Fifteen-Use and Carry of a Firearm in Relation to a Crime of Violence in violation of 18

U.S.C. 924c, Counts Four & Five-Assault on a Federal Officer in violation of 18 U.S.C.

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111, Count Seven & Eight-Threatening a Federal Officer in violation of 18 U.S.C. 115,

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Counts Ten though Twelve-Obstruction of the Due Administration of Justice in violation

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of 18 U.S.C. 1503, Counts Thirteen & Fourteen-Interference with Interstate Commerce

in violation of 18 U.S.C. 1951 and 2. Count Sixteen-Interstate Travel in Aid of

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Extortion-in violation of 18 U.S.C. 1952.

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Santilli was also charged in the District of Oregon for crimes associated with the

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trespassing at a bird refuge. The time line of the conduct in the Oregon case overlaps

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the conspiracy alleged in the instant case. The charges against Santilli were dismissed

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by the Government. Santilli was recently transported back to CCA Southern to await

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the outcome of this case.
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Argument
The Court set a deadline of October 3, 2016 for all Rule 12 Motions in a the
Case Management Order issued on April 26, 2016. (Dk 321).
Currently, Santilli is awaiting the discovery to be placed on a platform in which
the government approved funds for our coordinating discovery attorney Russell Aoki.

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As of the filing of this motion the platform has not been made available. This platform

Case 2:16-cr-00046-GMN-PAL Document 672 Filed 09/20/16 Page 3 of 4

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as the court is aware, will allow counsel to pinpoint evidence directed specifically at the
individual client.
Additionally, Santilli has been in Portland, Oregon preparing for trial. It was not

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until the eve of jury selection that the government conceded Santilli had not committed

any criminal violations.

Nevada counsel was unable to effectively represent Santilli

during his trial preparation in Oregon, as that case also involved a tremendous amount

of discovery of its own unique nature.

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As of the date of this Motion, Counsel has not been able to visit Santilli at CCA in

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Pahrump, Nevada, to begin the discussion of preparation for trial in this matter which

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includes pretrial motions. Also, Counsel is awaiting an Order allowing the appointed

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paralegal access to Santilli, and the volumes of documents that are being shipped in

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banker boxes from defense counsel in Oregon.

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Counsel intends on filing pretrial motions regarding First Amendment speech and

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the validity of the 924c counts filed against Santilli who was unarmed and made no true

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threats against anyone in Nevada or elsewhere. These issues involve complex legal

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issues and evolving case law regarding the use of 924c against unarmed defendants.
Conclusion

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It is respectfully submitted that this Court should continue the Rule 12 Motions
for at least 30 days.

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DATED this 20th day of September, 2016.

/s/ Chris T. Rasmussen
________________________
CHRIS T. RASMUSSEN, ESQ.
Nevada Bar 7149

Case 2:16-cr-00046-GMN-PAL Document 672 Filed 09/20/16 Page 4 of 4

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330 South 3 rd Street, Suite 1010

Las Vegas, Nevada 89101