Ammon Bundy, his brother Ryan Bundy, and co-defendants Ryan Payne and Brian Cavalier are appealing to a higher court to remain in Oregon to defend against the federal indictments they face here, before they're transferred to Nevada to face a federal case there.

The four are appealing U.S. District Court Judge Anna J. Brown's ruling last week that would allow U.S. marshals to transport them April 13 to Nevada to make their first court appearance on a pending federal indictment in Las Vegas.

Notice was filed Monday in federal court in Oregon that four co-defendants who face federal prosecution in both Oregon and Nevada are appealing Judge Brown's ruling to the Ninth Circuit U.S. Court of Appeals.

Another co-defendant Blaine Cooper could join in the appeal, once his lawyer has an opportunity to consult with him, according to the court filing.

Brown last week said that deputy marshals could transport the Bundy brothers, Payne, Cavalier and Cooper from Portland to Las Vegas on April 13 to make their first court appearances on federal indictments stemming from the 2014 standoff near Cliven Bundy's ranch near Bunkerville, Nevada.

They were to be returned to Portland 12 days later, on April 25, according to Judge Brown's order.

They are among 19 indicted in Nevada for alleged crimes stemming from the 2014 armed standoff near Cliven Bundy's ranch. They also face federal indictments in Oregon, stemming from the 41-day armed takeover of the Malheur National Wildlife Refuge outside of Burns.

Their defense lawyers argued that they didn't think federal prosecutors in Oregon and Nevada should pursue criminal cases against the defendants at the same time. Splitting time between courtrooms and jail cells in Oregon and Nevada would severely compromise their ability to meaningfully communicate with their defense attorneys and would interfere with their rights to speedy trials, they argued.

But the federal judge in Oregon disagreed.

In a written order, Brown noted that the transfer of these defendants for their first court appearance in Nevada and quick return to Oregon would "not interfere with this Court's proceedings or with Defendants' rights in this forum provided that defendants' transport-and-return occurs as directed.''

After Brown's ruling, Ammon Bundy's lawyer Lissa Casey issued a statement, saying, "Moving Ammon to Nevada makes it more difficult for him to participate in his own defense, and it makes it more (challenging) for us to mount a zealous advocacy."

The formal notice of appeal was made to the court on Monday, likely placing any transfer on hold until the matter is heard by the appellate court.

-- Maxine Bernstein

mbernstein@oregonian.com

503-221-8212

@maxoregonian