Meyerhoff.transcript

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UNITED STATES DISTRICT COURTDISTRICT OF OREGONTHE HON. ANN L. AIKEN, JUDGE PRESIDINGUNITED STATES OF AMERICA, )Government v. No. 06-60078

STANISLAS GREGORY MEYERHOFF, Defendant

REPORTER'S TRANSCRIPT OF PROCEEDINGSEUGENE, OREGONFRIDAY, JULY 21, 2006PAGES 1 - 52

Kristi L. AndersonOfficial Federal ReporterUnited States Courthouse211 East Seventh Avenue(541) 465-6503

APPEARANCES OF COUNSEL:

FOR THE GOVERNMENT: UNITED STATES ATTORNEYBY: KIRK ENGDALL, ESQ.701 High StreetEugene, Oregon 97401(541)465-6771

[email protected] THE GOVERNMENT: UNITED STATES ATTORNEYBY: STEPHEN F. PEIFER, ESQ.1000 SW Third AvenueSuite 600

Portland, Oregon 97204-2902

503)[email protected]

FOR THE DEFENDANT: RICHARD L. FREDERICKS, P.C.BY: RICHARD L. FREDERICKS, ESQ.750 Lawrence, Suite 2Eugene, Oregon 97401(541)[email protected]

FOR THE DEFENDANT: LAW OFFICE OF TERI WOOD, P.C.BY: TERI, ESQ.730 Van Buren Street

Eugene, Oregon 97402(5541)485-5923

[email protected]

31 PROCEEDINGS2 FRIDAY, JULY 21, 20063 THE COURT: Please be seated.4 THE CLERK: This is the time set for Criminal


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5 06-60078, United States of America versus Stanislas Gregory6 Meyerhoff, hearing on defendant's oral motion to change7 plea.8 MR. ENGDALL: Good afternoon, Your Honor. The9 government has submitted to the court an information which

10 we will be filing with the court today. Also, it's my11 understanding that the defendant will be entering a waiver12 of indictment on that information. He will be arraigned on13 the information, and then we will proceed to the entry of a14 guilty plea on it.15 THE COURT: Counsel.16 MR. FREDERICKS: Good afternoon, Your Honor.17 Richard Fredericks and Terri Wood with Mr. Meyerhoff. We18 have a waiver of indictment, a petition to enter a plea of19 guilty, which Mr. Meyerhoff has just signed.20 THE COURT: And Mr. Meyerhoff has in fact received21 a copy of the information in Case 06-60078 containing 5422 counts; is that correct?23 MR. FREDERICKS: Yes, we have that.24 THE COURT: And Mr. Meyerhoff, have you had a

25 chance to read this over?

41 THE DEFENDANT: Absolutely, Your Honor.2 THE COURT: And you have had two lawyers3 representing you in this matter?4 THE DEFENDANT: Yes.5 THE COURT: And Mr. Engdall, for the record, if6 you'd cite the maximum penalties for me, please.7 MR. ENGDALL: Yes, Your Honor. Thank you.8 With regard to Count 1, conspiracy to commit arson9 and destruction of an energy facility of the United States,

10 the maximum sentence in that particular count is five years

11 imprisonment with a fine of $250,000.12 With regards to Counts 2 and 3, which are arson13 counts, the maximum sentence is 20 years imprisonment, a14 mandatory minimum of five years imprisonment, and a fine of15 $250,000 as to each count.16 Count 4, destruction of an energy facility, the17 maximum sentence is 20 years imprisonment, a fine of18 $250,000.19 Counts 5 through 54 are all arson and attempted20 arson counts. They involve the maximum sentence of 20 years21 imprisonment with a five-year mandatory minimum sentence of22 imprisonment, and a fine of $250,000 as to each count.23 THE COURT: So do you understand those charges?

24 THE DEFENDANT: I understand.25 THE COURT: Do you want me to go through each of

51 the counts and talk about the nature of each of those2 charges?3 THE DEFENDANT: I understand them.4 THE COURT: Did you wish to waive further advice5 of rights?6 THE DEFENDANT: Yes, Your Honor.


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7 THE COURT: And go directly to the fact that you8 are not requesting that this case be presented to the grand9 jury. You are in fact asking by your filing of the waiver

10 of indictment to go forward today and accept the11 government's offer and plead guilty to the counts in the12 information; is that correct?13 THE DEFENDANT: I understand. Yes, that's14 correct.15 THE COURT: Have you had plenty of time to talk16 with your two lawyers?17 THE DEFENDANT: Quite.18 THE COURT: Anything the court can advise you with19 regard or do you have any questions that the court or your20 lawyers may answer for you?21 THE DEFENDANT: No. Thank you, Your Honor.22 THE COURT: And you waive those rights; is that23 correct?24 THE DEFENDANT: Yes.25 THE COURT: And you are asking the court to sign

61 the waiver?2 THE DEFENDANT: Please.3 THE COURT: All right. I will sign the waiver.4 Would you swear the defendant.5 THE CLERK: Can I ask you to raise your right hand6 to be sworn.7 (The defendant was sworn.)8 THE COURT: Please tell me your full name.9 THE DEFENDANT: Stanislas Gregory Meyerhoff.

10 THE COURT: How old are you?11 THE DEFENDANT: 29.12 THE COURT: How far have you gone through school?

13 THE DEFENDANT: 14 years.14 THE COURT: Tell me about it.15 THE DEFENDANT: Tell you about my schooling?16 THE COURT: Yes.17 THE DEFENDANT: I graduated from South Eugene High18 School in 1995, and I, throughout the years -- several --19 was in and out of schools. I went through automotive -- a20 few automotive courses in Phoenix, Arizona, and never went21 anywhere with that, but finally, in 2003, ended up in Bend22 when -- and started going to school there. I had been in23 Bend for a few years, but I walked away from the ELF.24 THE COURT: So intermittently you have taken25 classes?

71 THE DEFENDANT: Correct, until of late in 2003, I2 started attending full time at COCC, and it changed my life.3 When I was arrested I had only physics notes and chemistry4 notes.5 THE COURT: And so you were able to read and6 understand the plea petition and plea agreement that's7 attached; is that correct?8 THE DEFENDANT: That is correct.


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9 THE COURT: And Ms. Wood and Mr. Fredericks have10 been your lawyers throughout these proceedings, correct?11 THE DEFENDANT: Yes, ma'am.12 THE COURT: And you had a copy of the information13 that we have reviewed, 06-60078, containing the 54 counts;14 is that correct?15 THE DEFENDANT: Yes, Your Honor.16 THE COURT: And you have reviewed --17 THE DEFENDANT: And I have read them through18 several times.19 THE COURT: And have you discussed it with20 Ms. Wood and Mr. Fredericks?21 THE DEFENDANT: I have.22 THE COURT: And have you had a discussion about23 the nature of each of those charges, lesser included24 offenses, and defenses that might be raised to these25 charges?

81 THE DEFENDANT: Yes.

2 THE COURT: Do you want me to review each and3 every count with you?4 THE DEFENDANT: I understand them.5 THE COURT: You understand them?6 THE DEFENDANT: I do understand them.7 THE COURT: Any questions?8 THE DEFENDANT: No.9 THE COURT: Any questions?

10 THE DEFENDANT: No.11 THE COURT: And you have had a chance to review12 the government's evidence or discovery in this case with13 your lawyers; is that correct?14 THE DEFENDANT: I understand the evidence against

15 me.16 THE COURT: They have shared that evidence that's17 been presented to them, and they have shared that18 information with you; is that correct?19 THE DEFENDANT: Yes, yes, yes, indeed.20 THE COURT: And have you had plenty of time to21 talk it over with them?22 THE DEFENDANT: Yes, Your Honor, I have.23 THE COURT: And all your questions have been24 answered?25 THE DEFENDANT: I feel confident in my plea.

9

1 THE COURT: You have also had a chance to then2 talk with them about all the options, all the choices that3 you have on how to proceed in this particular matter; is4 that correct?5 THE DEFENDANT: I believe so.6 THE COURT: And you have also had a chance to tell7 them all the facts known to you about this case; is that8 correct?9 THE DEFENDANT: That is correct.

10 THE COURT: So after seeking their advice and


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11 counsel, reviewing the evidence that the government has12 presented, looking at the nature of the charges and all the13 factors, it's your decision today to accept the government's14 offer and plead guilty to the counts?15 THE DEFENDANT: It always has been.16 THE COURT: That's what you understand you are17 doing today?18 THE DEFENDANT: I understand that, Your Honor.19 THE COURT: So it means with regard to the counts20 as follows:21 With regard to Count 1, the elements are that22 between October 1996 and October 2001, in Oregon, you23 willfully and knowingly conspired and agreed with others to24 maliciously damage or destroy or attempt to damage or25 destroy by means of fire or explosives a building, vehicle,

101 or other real or personal property owned and possessed or2 leased to the United States and to maliciously damage or3 destroy by means of fire or explosive any building, vehicle,

4 or other real or personal property used in or affecting5 interstate commerce and knowingly and willfully damaged or6 attempt to damage an energy facility of the United States7 involved in the transmission and distribution of electricity8 in an amount exceeding a $100,000.9 (Reporter interrupted.)

10 THE COURT: You are interrupting, and you have to11 just stop and let me finish and then ask a question. I12 appreciate that.13 THE DEFENDANT: I apologize.14 THE COURT: It will be enormously important to the15 court reporter because there is so much material we need to16 cover this afternoon. All right?

17 You understand that those are the elements of18 Count 1?19 THE DEFENDANT: Those are the statutes I am20 pleading guilty to, and I do understand them, yes, yes, Your21 Honor.22 THE COURT: With regard to Count 4, on October --23 on December 30th, excuse me, 1999, in Oregon, you knowingly24 and willfully damaged an energy facility of the United25 States in an amount exceeding a $100,000.

111 THE DEFENDANT: Yes, Your Honor.2 THE COURT: That's what you understand you will be

3 pleading guilty to?4 THE DEFENDANT: Yes, Your Honor.5 THE COURT: The remaining counts of the6 information are arson counts, and they have the following7 common elements: In Oregon, you unlawfully and maliciously8 caused or aided and abetted and procured the malicious9 damaging and destroying by means of fire or explosives real

10 or personal property used in or affecting interstate11 commerce.12 THE DEFENDANT: Yes, Your Honor.


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13 THE COURT: And Count 2 is May 9th, 1999, Childers14 Meat Company in Eugene, Oregon.15 Count 3, December 25th, 1999, Boise Cascade office16 in Monmouth, Oregon.17 Count 5, September 6th, 2000, Eugene Police18 Department Public Safety Station, Eugene, Oregon.19 Count 6, January 2nd, 2001, Superior Lumber20 Company, Glendale.21 Counts 7 through 41 all pertain to the same arson22 that occurred on March 30th, 2001, Romania Truck Center in23 Eugene.24 Count 7, 2001 a Suburban.25 Count 8, 2001, a Tahoe.

121 Count 9, 2001, a Suburban.2 Count 10, 2001, a Suburban.3 Count 11, 2001, a Suburban.4 Count 12, 2001, a Tahoe.5 Count 13, 2001 a Tahoe.

6 Count 14, 2001, a Tahoe.7 Count 15, 2001, a Suburban.8 Count 16, 2001 a Tahoe.9 Count 17, 2001, a Suburban.

10 Count 18, 2001, a Suburban.11 Count 19, 2001, a Tahoe.12 Count 20, 2001, a Suburban.13 Count 21, 2001, a Suburban.14 Count 22, 2001, a Suburban.15 Count 22, 2001, a Suburban.16 Count 23, 2001, a Suburban.17 Count 24, 2001, a Suburban.18 Count 25, 2001, a Suburban.

19 Count 26, 2001, a Tahoe.20 Count 27, 2001, a Suburban.21 Count 28, 29, 30, 31, 32, all 2001 Suburbans.22 Count 33, a Tahoe.23 Count 34, a 2001 Suburban.24 Count 35, 2001, a Suburban.25 Count 36, 2001, a Tahoe.

131 Count 37, 38, 39, 40, and 41, all 2001 Suburbans.2 Count 42 to 54 all involve an arson at the3 Jefferson Poplar Farm 79114 Collins Road, Clatskanie,4 Oregon, occurring May 21st, 2001.

5 Count 42, attempted arson. And we have discussed6 those elements of arson previously. The main office7 building.8 Count 43, the vehicle shop and contents.9 Count 44, the shop, office building and contents.

10 Count 45, a 1997 Ford truck, Oregon license number11 VHQ 660.12 Count 46, a 1984 Ford truck.13 Count 47, a 1997 Ford truck, Oregon license number14 VHQ 661.


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15 Count 48 a 1997 Ford truck, Oregon license number16 VNS 404.17 Count 49, a 1996 Ford truck.18 Count 50, a 1990 Ford truck, Oregon license number19 283 ACE.20 Count 51, a 1990 Ford truck, Oregon license number21 282 ACE.22 Count 52, a 1990 Ford truck, Oregon license number23 361 ACC.24 Count 53, a 1981 GMC truck.25 And Count 54, 1989 Ford truck.

141 So you understand those are the elements to which2 you will be pleading guilty?3 THE DEFENDANT: Yes, Your Honor.4 THE COURT: Again, any questions?5 THE DEFENDANT: No.6 THE COURT: Are you satisfied with your legal7 representation?

8 THE DEFENDANT: Quite.9 THE COURT: You understand the process that we go

10 through requires you to answer questions that I place before11 you --12 THE DEFENDANT: Of course.13 THE COURT: -- about the offense --14 THE DEFENDANT: Sorry.15 THE COURT: -- and your role in the offense.16 THE DEFENDANT: Of course, Your Honor.17 THE COURT: And you took an oath to tell the truth18 a few moments ago?19 THE DEFENDANT: You are right. That's correct.20 THE COURT: And so you understand if you lie to

21 the court or you deliberately misstate information in answer22 to questions that I place before you, separate charges of23 perjury or false statement may be brought against you, and24 the answers that you give in court today may be used against25 you in a further court proceeding?

151 THE DEFENDANT: I understand.2 THE COURT: Are you under the influence of drugs3 or alcohol?4 THE DEFENDANT: No.5 THE COURT: Are you suffering from any injury,6 illness, or disability that would affect your ability to

7 think or reason?8 THE DEFENDANT: No.9 THE COURT: Have you taken any medications in the

10 last seven days?11 THE DEFENDANT: No.12 THE COURT: Do you understand that conviction of a13 crime can result in consequences in addition to14 imprisonment?15 THE DEFENDANT: Yes, Your Honor, I understand16 that.


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17 THE COURT: Such consequences may include18 deportation or removal from the United States or denial of19 naturalization if you are not a United States citizen; loss20 of eligibility to receive federal benefits; loss of certain21 civil rights, which may be temporary or permanent depending22 on applicable state or federal law, such as the right to23 vote, to hold public office, and to possess a firearm; and24 the loss of the privilege to engage in certain occupations25 licensed by the state or federal government?

161 THE DEFENDANT: I understand.2 THE COURT: You also understand you do not have to3 plead guilty today. You can stand on all your4 constitutional guarantees and go to trial in this matter.5 THE DEFENDANT: I understand. I do this quite6 willingly.7 THE COURT: You understand that if you are going8 to do this, you are going to waive or give up some of those9 constitutional rights?

10 THE DEFENDANT: Yes, Your Honor.11 THE COURT: More specifically, the right to a12 speedy and public trial by jury, during which you would be13 presumed to be innocent unless and until proven guilty by14 the government beyond a reasonable doubt and by a unanimous15 vote of 12 jurors.16 You are giving up the right to have the assistance17 of an attorney at all stages of the proceedings.18 You are giving up the right to use the power and19 process of the court to compel the production of evidence,20 including the attendance of witnesses in your favor.21 You are giving up the right to see, hear,22 confront, and cross-examine all witnesses called to testify

23 against you.24 You are giving up the right to decide for yourself25 whether to take the witness stand and testify. You are also

171 giving up the right to decide not to take the witness stand2 and have the court instruct the jury that no inference of3 guilt may be drawn from that decision.4 And finally, you are giving up the right not to be5 compelled to incriminate yourself.6 Do you understand each and every one of those7 rights?8 THE DEFENDANT: I do understand them.

9 THE COURT: Are you prepared to give up each and10 every one of those rights?11 THE DEFENDANT: Yes, Your Honor.12 THE COURT: So you understand if you plead guilty13 this afternoon, there will be no trial before a judge or a14 jury, and you will not be able to appeal the denial of any15 pretrial motions that may have been filed, save and except16 issues related to the court's jurisdiction?17 THE DEFENDANT: Understood.18 THE COURT: In the petition it notes that your


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19 guilty plea is pursuant to Rule 11(c)(1)(B), and I'm certain20 both lawyers have discussed this fully with you, but let me21 ask if you understand it to mean as follows:22 You have entered into an agreement with the23 government whereby at sentencing there will either be joint24 recommendations made to the court, sentencing concessions,25 or other factors that the agreement requires be placed

181 before the court. The court will listen very carefully to2 those agreements or recommendations or sentencing3 concessions, but the court is not bound or obligated to4 follow those agreements or recommendations. So if the court5 sentences you to something different than what you expect to6 receive pursuant to the plea agreement, you would not be7 able to withdraw your plea.8 Do you understand?9 THE DEFENDANT: I do understand.

10 THE COURT: You understand the maximum penalties11 that can be imposed upon you for the crimes to which you are

12 pleading guilty are, Count 1, five years in prison, $250,00013 in fines; Count 4, 20 years in prison, $250,000 in fines;14 Counts 2, 3, 5 through 54, 20 years in prison, mandatory15 five years in prison, mandatory minimum on each, and16 $250,000 as a fine.17 THE DEFENDANT: Yes, Your Honor, I understand.18 THE COURT: Do you also understand that in19 addition to any other penalty, the court will be required to20 pay -- have you pay a fee assessment in the amount of a $10021 per count?22 THE DEFENDANT: It seems to be the least of my23 problems, but yes, Your Honor, I understand.24 THE COURT: Do you also understand that if you are

25 ordered to pay a fine and you willfully refuse to pay the

191 fine, you could be returned to court where the amount of the2 unpaid balance owed on the fine can be substantially3 increased by the court, and you can be imprisoned for up to4 a year?5 THE DEFENDANT: Yes.6 THE COURT: And have you and your lawyers had7 plenty of time to talk about the Federal Sentencing8 Guidelines system?9 THE DEFENDANT: Yes, definitely.

10 THE COURT: So you understand the presentence

11 writers will prepare a presentence report for the court, and12 that report will be a sentencing guidelines calculation and13 a recommendation. The guidelines calculation and14 recommendation will be advisory, not mandatory, to the15 court. The court will be required to look at that advisory16 guidelines application as well as factors in 18 U.S.C. 17 3553, including, but not limited to, the following: Nature18 and circumstances of the offense; your own criminal history19 and personal history; any other factors that the court deems20 reasonable in accordance with this crime; as well as the


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21 goals of sentencing, be it punishment, deterrence, community22 safety, or rehabilitation. The court will look at all those23 factors in fashioning a reasonable but not greater than24 necessary sentence in this case.25 Do you understand?

201 THE DEFENDANT: I do understand, Your Honor.2 THE COURT: And you do understand the court may3 not sentence you to a sentence greater than the maximum4 which we have discussed.5 THE DEFENDANT: I understand that.6 THE COURT: Do you further understand that if you7 are sent to prison, you will serve your full sentence except8 for credit for good behavior that you may earn at the rate9 of 54 days for each year of imprisonment served beyond a

10 one-year sentence?11 THE DEFENDANT: Yes, Your Honor.12 THE COURT: And further, if you are sent to13 prison, you will serve a term of supervised release

14 following your prison sentence. During that term of15 supervised release, you will be supervised by a probation16 officer according to terms and conditions set by the court.17 If you violate those terms and conditions, you could be18 returned to prison. In this case, I believe you could be19 placed on supervised release for up to three years, and you20 could go back to prison for up to two years, although that21 conflicts with what I recall from yesterday.22 Is that accurate, Mr. Engdall?23 MR. ENGDALL: Yes, Your Honor. I believe24 yesterday we said 41 months, but it may vary with each25 defendant. I will defer to counsel on that.

211 MS. WOOD: Your Honor, I believe pursuant to2 statute, the highest grade felony he's charged with is a3 Class C felony, which would be a three-year term maximum4 supervised release and two-year maximum for violations of5 supervised release.6 THE COURT: Thank you.7 Do you understand that?8 THE DEFENDANT: I do. I understand that.9 THE COURT: Do you understand that in addition to

10 or in lieu of any other penalty, the court can order11 restitution payments to any victim of any offense to which12 you are pleading guilty, and do you understand that for

13 certain crimes of violence and crimes involving fraud and14 deceit it is mandatory that the court impose the full15 restitution amount, and that would include any financial16 loss or harm caused by the offense. And if imposed, the17 victim can use the order of restitution to obtain a civil18 judgment lien. A restitution order can be enforced by the19 United States for up to 20 years from the date of your20 release from prison, or, if you are not in prison, 20 years21 from the date of the entry of judgment. And if you22 willfully refuse to pay the restitution as ordered, the


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23 court may resentence you to any sentence which could have24 originally been imposed.25 Do you understand?

221 THE DEFENDANT: Yes, Your Honor.2 THE COURT: Do you also understand that on a fine3 or restitution in amount greater than $2,500, you will be4 required to pay interest unless the fine or restitution is5 paid within 15 days of the date of the entry of judgment.6 THE DEFENDANT: Yes, Your Honor.7 THE COURT: Do you understand that if you are on8 probation, parole, or supervised released in any other state9 or federal case, that by pleading guilty in this court, your

10 probation, parole, or supervised release could be revoked,11 and you could receive a consecutive sentence; that is, a12 sentence in addition to the one imposed by this court in13 this case?14 THE DEFENDANT: Yes, Your Honor.15 THE COURT: And further, if you have other cases

16 pending, not resolved, and they are not specifically17 discussed in open court now at the time of your change of18 plea or contained in the letter agreement attached to your19 petition, those cases may be fully prosecuted and you could20 receive a consecutive sentence; that is, a sentence in21 addition to the one imposed by this court in this case?22 THE DEFENDANT: I understand.23 THE COURT: Earlier you told me you understood the24 agreement you reached with the government to settle this25 case; is that true?

231 THE DEFENDANT: That's true, Your Honor.

2 THE COURT: And it's contained in the letter3 attached to the petition, correct?4 THE DEFENDANT: Correct.5 THE COURT: I'd ask you to listen carefully while6 the terms of that agreement are recited on the record. I7 will tell you that the factual basis which will be read in8 its entirety, I will come back and ask you if that is in9 fact true. So please listen carefully or I will ask you if

10 you want me to read it to you verbatim again. All right?11 THE DEFENDANT: Understood.12 THE COURT: Thank you.13 Mr. Engdall.14 MR. ENGDALL: Thank you, Your Honor.

15 The defendant's agreement with the government is16 as follows:17 He will plead guilty to Counts 1 through 54 of the18 information as has been carefully described to him by the19 court this afternoon.20 The defendant agrees to pay the requisite fee21 assessment. He will also pay mandatory restitution as22 ordered by the court.23 The factual basis for each count is attached to24 the plea agreement, and for the record, I would read that


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25 into the court record at this time.

241 With regard to Count 1, conspiracy to commit arson2 and destruction of an energy facility of the United States.3 Beginning in October 1996 and continuing through4 October 2001, in the District of Oregon and elsewhere,5 Josephine Sunshine Overaker, Kevin Tubbs, Stanislas Gregory6 Meyerhoff, Daniel Gerard McGowan, Joseph Dibee, Rebecca7 Rubin, Chelsea Dawn Gerlach, Kendall Tankersley, Susan8 Savoie, Jonathan Christopher Mark Paul, Darren Todd9 Thurston, Nathan Fraser Block, Joyanna L. Zacher, Jacob

10 Jeremiah Ferguson, Jennifer Lynn Kolar, William C. Rodgers,11 and other persons willfully and knowingly conspired and12 agreed to maliciously damage or destroy or attempt to damage13 or destroy by means of fire buildings, vehicles, and other14 personal and real property owned in whole or in part or15 possessed by or leased to the United States or any16 department or agency thereof and/or used in interstate17 commerce or in any activity affecting interstate commerce

18 and knowingly and willfully damaged and attempt to damage19 the property of an energy facility of the United States20 involved in the transmission of electricity.21 The conspiracy was accomplished by the defendant22 and others named above when certain of the defendants and23 the others joined together in a group they called the24 "family." This family was what is commonly known as a cell25 of groups and movements publicly named and described by

251 certain of the defendants and others as the Earth Liberation2 Front, the Animal Liberation Front, and other names.3 The primary purposes of the conspiracy were to

4 influence and to affect the conduct of government, commerce,5 private business, and others in the civilian population by6 means of force, violence, sabotage, destruction of property,7 intimidation, and coercion, and, by similar means, to8 retaliate against the conduct of government, commerce, and9 private business. To achieve these purposes, some of the

10 conspirators committed and attempted to commit acts11 potentially dangerous to human life and property that12 constituted violations of the criminal laws of the United13 States and of individual states.14 Some of the defendants and others targeted for15 arson buildings, vehicles, and other real and personal16 property owned, possessed, and leased by the United States

17 and its departments and agencies, while others targeted for18 arson buildings, vehicles, and other real and personal19 property used in interstate commerce and in activities20 affecting interstate commerce, and still others targeted21 energy facilities of the United States for damage and22 destruction.23 The defendant and others conducted and24 participated in meetings to plan arsons of the targeted25 sites. Several of these meetings were called "book club"


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261 meetings by the defendants and others and occurred at2 distant locations. The book club meetings covered subjects3 such as lock-picking, computer security, reconnaissance of4 targets, and the manufacture of timing devices to set off5 improvised incendiary devices. Some of the defendants and6 others conducted research and surveillance of sites targeted7 for arson and discussed their actions among themselves using8 code words, code names and nicknames. The phrase "direct9 action" was used to include arsons and other acts of

10 destruction.11 In preparation for the actions, the conspirators12 designed and constructed destructive devices which13 functioned as incendiary devices to ignite fires and destroy14 the targets for arson and provided transportation to the15 location of the arson targets.16 During the course of the direct actions, the17 defendant and others dressed in dark clothing, wore masks18 and gloves, and otherwise disguised their appearance. Some19 of the conspirators acted as lookouts to ensure secrecy as

20 the crimes were carried out, and some placed destructive21 devices and accelerants at sites targeted for arson and22 ignited or attempted to ignite the devices and accelerants.23 In some of the arsons and attempted arsons, certain of the24 defendants and others painted messages on walls of the25 targets, including Earth Liberation Front, ELF, and related

271 names and statements concerning the purposes of the crimes.2 After the arsons and attempted arsons, the3 defendants and others destroyed, buried, hid, and otherwise4 disposed of physical evidence used in the commission of the5 crimes and thereafter publicized and promoted the results of

6 the fires by means of written press releases and communiques7 which attributed the arsons to Earth Liberation Front, the8 Animal Liberation Front, and related groups, and stated the9 purposes of their arsons.

10 Before, during, and after the arsons, attempted11 arsons, and destruction of an energy facility, some of the12 defendants and others agreed among themselves never to13 reveal to law enforcement authorities or to anyone else14 outside the family the identity of the conspirators and15 participants in the arsons and attempted arsons and agreed16 among themselves to conceal or destroy any evidence17 connecting them to the arsons and attempted arsons. Some of18 the defendants and others possessed and/or used false

19 identification documents in order to conceal their true20 identities. And after the arsons and attempted arsons, some21 of the defendants and others fled and secreted themselves in22 foreign countries in order to avoid detection and arrest by23 law enforcement authorities of the United States.24 With regard to the Childers Meat Company arson,25 Count 2, prior to May 9, 1999, Stanislas Gregory Meyerhoff,

281 Jacob Ferguson, and Josephine Sunshine Overaker performed a


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2 reconnaissance of the Childers Meat Company located at 294763 Airport Road, Eugene, Oregon, in the District of Oregon.4 The night of the arson, on or about May 9th, 1999,5 Meyerhoff, Ferguson, Overaker, Chelsea Gerlach, and Kevin6 Tubbs traveled to the Childers Meat Company facility.7 Meyerhoff had a radio and performed the duties of a lookout8 near the facility while Ferguson and others placed the9 incendiary devices in and around the facility. Once the

10 devices had been placed, Meyerhoff, Ferguson, Overaker,11 Tubbs, and Gerlach met something -- excuse me -- met12 together and left the location. The incendiary devices13 functioned, and the Childers Meat Company facility was14 destroyed by fire. Childers Meat Company building and its15 real and personal property were involved in and affected16 interstate commerce.17 With regard to Count 3, the arson at the18 Boise Cascade Corporation Office.19 Prior to December 25th, 1999, Stanislas Gregory20 Meyerhoff performed several reconnaissance trips to the21 Boise Cascade office at 450 North Pacific Avenue, Monmouth,

22 Polk County, Oregon, in the District of Oregon. On the23 night of the arson, December 25th, 1999, Meyerhoff, Jacob24 Ferguson, Chelsea Dawn Gerlach, and Josephine Sunshine25 Overaker traveled to Monmouth, Oregon, and parked behind the

291 Boise Cascade office facility. Overaker and Gerlach acted2 as lookouts and had hand-held two-way radios and monitored a3 police scanner to avoid being detected by law enforcement.4 Meyerhoff and Ferguson carried buckets of fuel and the5 timing devices to the office building and placed them at6 strategic locations. After placing the incendiary devices,7 Meyerhoff, Ferguson, Gerlach, and Overaker returned to

8 Eugene, Oregon. The incendiary devices functioned, and the9 Boise Cascade office facility was destroyed by fire. The

10 Boise Cascade Corporation building and its real and personal11 property was involved in and affected interstate commerce.12 Count 4, destruction of an energy facility, the13 Bonneville Power Administration tower.14 Prior to December 30th, 1999, Stanislas Gregory15 Meyerhoff performed research on power lines and selected a16 high voltage electrical transmission line to destroy.17 Meyerhoff wanted to destroy an electrical transmission line18 to start Y2K troubles and to destabilize the United States19 because of its perceived unjust matters be involving graft,20 political corruption, and other injustices committed by the

21 United States government. Meyerhoff and Chelsea Dawn22 Gerlach traveled to a location east of Bend, Oregon, to23 perform reconnaissance at the location of the high voltage24 electric transmission lines. The night of the destruction25 of the energy lines and after preparations had been made by

301 Meyerhoff, Gerlach, Jacob Ferguson, and Josephine Sunshine2 Overaker to clean their tools to avoid being detected by law3 enforcement, the four traveled in Gerlach's truck to a site


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4 east of Bend, Oregon. After parking on a dirt road just off5 the highway, Meyerhoff, Ferguson, and Overaker walked to the6 site of the transmission tower. Gerlach remained with her7 vehicle and waited for the three to return. All three wore8 gloves to avoid leaving latent fingerprints and proceeded to9 loosen and remove nuts from the bolts which held two cables

10 which held the transmission line tower erect. After two of11 the four cables were loosened, the tower began to fall.12 Meyerhoff yelled to warn Ferguson and Overaker. They13 grabbed their tools and ran from the area as the tower fell14 to the ground amidst loud crackling sounds and flashes of15 light. After the four were back together at the truck, they16 returned to Eugene, Oregon, where they attended a New Year's17 party at the Earth First Ranch. The high voltage18 transmission tower was the property of an energy facility of19 the United States of America, namely the Bonneville Power20 Administration tower, involved in the transmission and21 distribution of electricity near the City of Bend, Oregon,22 and damaged -- excuse me -- and was damaged in an amount23 exceeding -- which would have exceeded $100,000.

24 Count 5, arson, Eugene Public -- Eugene Police25 Department Public Safety Station.

311 Stanislas Gregory Meyerhoff, Chelsea Dawn Gerlach,2 and Kevin Tubbs acted together on September 9th, 2000, to3 burn the Eugene Police Department West University Public4 Safety Station located at 791 East 13th Avenue, Eugene, Lane5 County, in the District of Oregon.6 Meyerhoff and Gerlach used time delayed incendiary7 devices, placed them next to the public safety station, and8 left the area. One of the devices functioned and caused9 damage to the public safety station building which was real

10 and personal property used in interstate commerce and in11 activities affecting interstate commerce.12 Count 6, arson, Superior Lumber Company.13 Prior to January 2, 2001, Stanislas Gregory14 Meyerhoff performed research on the Superior Lumber Company15 located at 2695 Glendale Valley Road, Glendale, Douglas16 County, in the District of Oregon. Meyerhoff participated17 in the reconnaissance of the facility while in a vehicle18 parked on the street near the facility and where he took19 note of the neighborhood lighting. Prior to the arson,20 Meyerhoff assembled the timing devices which were used21 during the arson. The night of the arson, Meyerhoff, Jacob22 Ferguson, Kevin Tubbs, and other coconspirators traveled to

23 a staging area near Glendale, Oregon. At the staging area,24 the coconspirators dressed in dark clothing, put on latex25 gloves under cotton gloves to avoid detection by law

321 enforcement. Meyerhoff and others had two-way radios with2 which to communicate. From the staging area, Meyerhoff and3 the others traveled to the Superior Lumber Company facility.4 Two of the coconspirators were dropped off and several --5 excuse me -- and served as lookouts. Meyerhoff and Ferguson


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6 placed the incendiary devices around the building, after7 which they called via two-way radios to be picked up. As8 they all returned to Eugene, Oregon, they disposed of the9 dark clothing and gloves they wore during the arson. The

10 incendiary devices functioned and caused the destruction of11 the building by fire. The Superior Lumber Company building12 and other real and personal property was used in interstate13 commerce and in activities affecting interstate commerce.14 Counts 7 through 41, arson, Romania Chevrolet15 Truck Center vehicles.16 Prior to March 30th, 2001, Stanislas Gregory17 Meyerhoff and other coconspirators performed several18 reconnaissance missions at the Joe Romania Chevrolet Truck19 Center at 1425 Walnut Street, Eugene, Lane County, in the20 District of Oregon. The truck center was selected as a21 target to show support for Jeffrey Luers and was used to be22 a statement of defiance. Meyerhoff assembled the timing23 devices which were used during the arson. On the night of24 the arson, March 30th, 2001, Meyerhoff and William Rodgers25 Kevin Tubbs, Nathan Block, and Joyanna Zacher met at a

331 staging area east of Eugene to transfer the fuel from gas2 cans to portable containers. Meyerhoff and others wrapped3 cloth sheets to be used as trailers at the arson site. One4 vehicle was left at the staging area while Rodgers drove the5 conspirators in a van and dropped Tubbs and Zacher off to be6 lookouts during the arson. Meyerhoff and Block placed the7 incendiary devices under the vehicles. After the devices8 were set, Rodgers, Block, and Zacher returned to the staging9 area to retrieve their vehicle. After the arson, Meyerhoff

10 and others offered a communique. Then Meyerhoff gave the11 communique to Daniel McGowan to send out via anonymous

12 e-mail. The incendiary devices functioned and the vehicles13 were destroyed by fire. The vehicles which were destroyed14 were used in interstate commerce and used in activities15 affecting interstate commerce.16 Counts 42 through 54, attempted arson and arson at17 the Jefferson Poplar Farm.18 Prior to May 21, 2001, Stanislas Gregory19 Meyerhoff, Jacob Ferguson, Chelsea Gerlach, and others20 performed more than one reconnaissance of the Jefferson21 Poplar Farm located at 79114 Collins Road, Clatskanie,22 Columbia County, in the District of Oregon. The arson at23 the Jefferson Poplar Farm was coordinated to occur the same24 day as the arson at the University of Washington. Meyerhoff

25 and others referred to these actions as the "double whammy."

341 Meyerhoff was in charge of the team that performed the arson2 at the Jefferson Poplar Farm. Meyerhoff's team included3 Daniel McGowan, Susan Savoie, Nathan Block, and Joyanna4 Zacher. Meyerhoff organized the people who were assisting5 in the arson and assigned the duties to the participants.6 Meyerhoff, William Rodgers, Chelsea Gerlach, Nathan Block,7 Joyanna Zacher, and others attended a meeting at Blocker and


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8 Zacher's residence in Olympia, Washington, where the9 Jefferson Poplar Farm and the University of Washington

10 arsons were discussed. Meyerhoff purchased rocket engine11 igniters from hobby stores to be used in the timing devices.12 Meyerhoff assembled several timing devices which were placed13 inside Tupperware containers. The night of the arson,14 May 21, 2001, Meyerhoff and the others were dropped off at15 the Jefferson Poplar Farm main office where he placed an16 incendiary device nearby the steps of the office and another17 device under the window of the office. Each incendiary18 device consisted of two buckets of fuel, a lid on top of the19 buckets, and the timing device was placed on the lid. After20 setting the incendiary devices at the office, Meyerhoff ran21 over to the vehicle shop and the shop and office and set the22 timing devices on the buckets of fuel which had already been23 placed by Block and McGowan. At one point, McGowan heard a24 noise and pushed Meyerhoff behind a container near the shop25 to hide from the source of the noise. In the building

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1 containing numerous trucks, the vehicle shop, the vehicle2 shop, Meyerhoff, Block, and McGowan poured diesel fuel from3 the truck tanks into the back of the trucks and onto other4 vehicles. The incendiary devices functioned, and the5 buildings and vehicles at Jefferson Poplar Farm were6 destroyed by fire. The Jefferson Poplar Farm buildings,7 vehicles, and other real and personal property were used in8 interstate commerce and in activities affecting interstate9 commerce.

10 With regard to a case in the District of Colorado,11 Case No. 06-CR-00191-REB, sometime in the fall of 1998,12 while the defendants Chelsea Gerlach and Stanislas Meyerhoff13 were living near Fall Creek, Oregon, William Rodgers asked

14 them to participate in the commission of an arson at the15 Vail ski area in Colorado. The ski area is located on Vail16 Mountain in Eugene, Oregon -- excuse me, Eagle County,17 Colorado, adjacent to and south of the town of Vail.18 Ski lifts run from the bottom of the mountain to19 its top. Meyerhoff and Gerlach agreed to join Rodgers and20 drove to Colorado in Gerlach's truck. Rodgers and another21 person drove in his truck. They bought gasoline and other22 supplies during the trip and spent time in a motel in Utah23 constructing devices that they planned to use to ignite the24 firearms.25 When they arrived in Colorado, Gerlach, Meyerhoff,

361 Rodgers, and another person met some others who planned to2 assist with the arson. Gerlach and Meyerhoff, Rodgers, and3 the others drove in Gerlach's truck in the City of Vail4 toward the top of Vail Mountain. They brought along several5 containers of gasoline and diesel fuel which they intended6 to use to burn buildings and other structures belonging to7 the ski resort at the top of the mountain. Because there8 was snow on the ground and the road was muddy, the truck was9 unable to get to the top. The group took the containers out


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10 of the truck and hid them in an area below the ridge line.11 When the group returned to the bottom of the12 mountain, Meyerhoff quit the project, believing the arson13 could not be accomplished. He drove back to Oregon in14 Gerlach's truck. Rodgers and Gerlach were the only ones who15 stayed in Colorado.16 Rodgers and Gerlach decided that she would drive17 him back to the spot near the top of the mountain where her18 truck earlier had become stuck in the snow so that he could19 set fire to the buildings and other structures. After20 accomplishing this task, Rodgers walked down the mountain on21 the morning of Monday, October 19th, 1998, and met Gerlach22 at a prearranged site in Vail. Gerlach and Rodgers then23 drove to Denver, Colorado. The fires that Rodgers had set24 destroyed or damaged eight buildings and structures in two25 different locations at the ski area. Two locations which

371 the investigators designated as Scene A and Scene B are2 about 1.4 miles apart along the ridge on top of the mountain

3 at about 11,200 feet.4 Scene A contained three burned structures.5 One, Two Elks Lodge, a building of more than6 24,000 square feet, which was totally destroyed.7 Two, Camp One Restaurant, a 2,900-square-foot8 building, which was totally destroyed.9 Three, a 1,327-square-feet building known as China

10 Bowl, which housed a ski patrol office and an operator's11 shack for ski lift 14. The building was totally destroyed,12 but the ski lift itself received little damage.13 In the area designated as Scene B, the following14 structures were damaged or destroyed by fire:15 One, patrol headquarters, a 5,390-square-foot

16 wood-frame building that housed the ski patrol's17 headquarters as well as a ski rental shop, a pro shop, a18 small restaurant, and an apartment where each season a ski19 patrol member resided. The patrol member who was scheduled20 to live there during the 1998-1999 season was in the process21 of moving into the apartment at the time of the fires, but22 was not present when the fires occurred. This building was23 totally destroyed.24 Buffalo's Cafe, a 749-square-foot building, which25 was also totally destroyed.

381 A structure at the top of ski lift 5 which carried

2 skiers from a back bowl to a spot near patrol headquarters.3 This lift also provided access to the Category III expansion4 area. The structure was a complete loss as a result of5 fire.6 The structure on top of ski lift 4, which carried7 skiers on the front side of the mountain to the area of8 patrol headquarters. Fire caused damage to a wall and an9 attached wooden deck.

10 The structure on top of ski lift 11, which also11 carried skiers on the front side of the mountain. That


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12 structure sustained fire damage on its southeast corner.13 A forensic chemist examined wood, soil samples,14 and other material taken from Scene A and Scene B and15 determined that several items from both scenes contained16 mixtures of gasoline and a heavy petroleum distillate.17 Diesel fuel is a heavy petroleum distillate. The18 investigators determined that the fires were as a result of19 arson.20 Vail Associates, Incorporated, the company that21 operates the ski area, estimated that the value of the real22 estate loss as a result of the fires was almost $15 million.23 Vail Associates received a payment of about $12 million from24 its insurance carrier. All of these buildings and25 structures that were affected by the arson fires had been

391 used in interstate commerce or affected -- excuse me -- or2 in activities affecting interstate commerce.3 When Gerlach and Rodgers arrived in Denver, they4 composed a communique which claimed to be from the Earth

5 Liberation Front. On October 21st, 1998, Gerlach used a6 computer at the library in Denver to send the communique to7 news media. It read as follows:8 On behalf of the lynx, five buildings and four ski9 lifts at Vail were reduced to ashes on the night of Sunday,

10 October 18th. Vail, Incorporated is already the largest ski11 operation in North America and now wants to expand even12 further. The 12 miles of roads and 885 acres of clear-cuts13 will ruin the last best lynx habitat in the state. Putting14 profits before Colorado's wildlife will not be tolerated.15 This action is just a warning. We will be back if this16 greedy corporation continues to trespass into wild and17 unroaded areas. For your safety and convenience, we

18 strongly advise skiers to choose other destinations until19 Vail cancels its inexcusable plans for expansion.20 When the communique said the ski area wanted to21 expand even further, it was referring to Vail Associates'22 proposed Category III expansion onto 2,000 acres south of23 the mountains' back bowls. Environmental groups had tried24 to stop the project by filing a lawsuit in federal court in25 Denver. The groups claimed that the U.S. Forest Service, in

401 granting a permit for the expansion, had failed to properly2 analyze the environmental impact of the expansion, including3 its effects on the Canadian lynx population. The lawsuit

4 was unsuccessful, and the project was scheduled to begin the5 day after the fires.6 Paragraph 4 of the plea agreement involves the7 resolution of sentencing issues.8 In addition to waiving the right to a jury trial9 on the issue of guilt, the defendant knowingly and

10 voluntarily agrees that sentencing issues in this case need11 not be alleged in a grand jury indictment, proven to a jury12 trial, or proven beyond a reasonable doubt. Defendant also13 knowingly and voluntarily consents to judicial fact-finding


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14 and resolution of any and all sentencing issues. The15 defendant and government agree that the guidelines16 calculations should be derived from the United States17 Sentencing Commission Guidelines Manual with an effective18 date of November 1, 2000, and further, that the combined19 offense level for the defendant requires a five-level20 increase pursuant to Section 3D1.4 of that manual.21 The defendant and government understand and agree22 the court will consider 18 United States Code 3553 in23 determining the appropriate sentence in this case. The24 United States Attorney's Office will recommend a terrorism25 guideline enhancement found in United States Section --

411 Guidelines Section 3A1.4 because the felony offenses either2 involved or were intended to promote a federal crime of3 terrorism.4 Loss calculation.5 The United States Attorney's Office and this6 defendant agree for purposes of guideline calculations that

7 the total loss resulting from the charges in this case is8 more than $20 million but not more than 400 -- excuse me --9 $40 million, resulting in an 18 offense level increase

10 pursuant to United States Sentencing Guidelines. That is11 the November 1st, 2000, effective date version, Sections12 2K1.4(a)(4), 2B1.3(b)(1), and 2B1.1(b)(1)(S).13 The United States Attorney's Office will recommend14 that the defendant receive a three-level increase for his15 role as a manager in the offense under the provisions of the16 United States Sentencing Guidelines Section 3B1.1(b).17 The United States Attorney's Office agrees to18 recommend a three-level reduction for acceptance of19 responsibility if defendant's offense level is 16 or

20 greater. Otherwise, a two-level reduction applies pursuant21 to Guidelines Section 3E1.1. The United States Attorney's22 Office reserves the right to cancel or omit this23 recommendation if the defendant between plea and sentencing24 commits any new or additional violations of law, obstructs25 or attempts to obstruct justice, or acts inconsistently with

421 the acceptance of responsibility.2 The United States Attorney's Office will move to3 dismiss all remaining counts at the time of sentencing.4 The United States Attorney's Office further agrees5 not to bring any additional charges against the defendant

6 for offenses relating to arson, conspiracy, conspiracy to7 commit arson, or destruction of an energy facility in which8 the defendant may have been involved directly or indirectly,9 including -- excuse me -- up to and including December 11th,

10 2005, which took place in the District of Oregon.11 There's a no prosecution agreement with the12 Districts of the Arizona, Western Michigan, Western13 Washington, Wyoming, and Eastern California.14 Upon completion of the conditions announced in15 this plea letter agreement and subsequent to the defendant's


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16 continued cooperation as stated in Paragraph 16 of this17 agreement, the United States Attorney's Office for the18 District of Oregon -- excuse me -- the District of Arizona,19 for the Western District of Michigan, for the District of20 Washington, and for the District of Wyoming and Eastern21 District of California agree to the following:22 The United States Attorney's Office for the23 District of Arizona agrees to bring no additional charges24 against defendant for offenses related to an arson that25 occurred at Pima Canyon Estates in Tucson, Arizona, in the

431 District of the Arizona, on or about June 12th, 2001.2 The United States Attorney's Office for the3 Western District of Michigan agrees to bring no additional4 charges against the defendant for offenses related to an5 arson that occurred at the Michigan Tech University,6 Houghton, Michigan, on or about November 5, 2001.7 The United States Attorney's Office for the8 Western District of Washington agrees to bring no additional

9 charges against defendant for offenses related to an arson10 that occurred at the University of Washington Horticultural11 Center, Seattle, Washington, in the Western District of12 Washington, on or about May 21, 2001.13 The United States Attorney's Office for the14 District of Wyoming agrees to bring no additional charges15 against defendant for offenses related to an attempted arson16 that occurred at the Wild Horse Holding Facility, Rock17 Springs, Wyoming, in the District of Wyoming, on or about18 October 11th, 1998.19 And finally, the United States Attorney's Office20 for the Eastern District of California agrees to bring no21 additional charges against the defendant for offenses

22 relating to an arson that occurred at the Wild Horse23 Facility, Litchfield, California, in the Eastern District of24 California, on or about October 30th, 2001.25 The District of Colorado.

441 The defendant agrees to transfer the charges2 pending against him in the United States versus Meyerhoff,3 et. al, Case No. 06-CR-00191-REB from the District of4 Colorado to the District of Oregon and to plead guilty to5 each count of the indictment in that case.6 That case charges the following:7 Count 1, arson, Two Elks Lodge, Vail ski area.

8 And it gives the maximum sentence as 20 years imprisonment,9 a mandatory minimum of five years imprisonment, and a fine

10 of $250,000.11 Count 2, arson, Camp One Restaurant, Vail ski12 area, the same maximum sentence and fine apply and minimum13 sentence.14 Count 3, arson, ski patrol office and operator's15 shack for ski lift 14, Vail ski area. Again, same maximum16 sentence of 20 years, minimum of five, and fine of $250,000.17 Count 4, arson, ski patrol headquarters and ski


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18 rental shop, Vail ski area, maximum sentence is 20 years19 imprisonment, mandatory minimum five years imprisonment,20 fine of $250,000.21 Count 5, arson, Buffalo's Cafe building, Vail ski22 area.23 Count 6, arson, operator's shack for ski lift 4,24 Vail ski area.25 Count 7, arson, operator's shack for ski lift 5,

451 Vail ski area.2 Finally, Count 8, operator's shack for ski lift3 11, Vail ski area.4 Counts 5, 6, 7 and 8 all have the same maximum5 sentence as the others, 20 years imprisonment, mandatory6 minimum of five years imprisonment, and a fine of $250,000.7 With regard to the sentencing recommendation by8 the United States Attorney's Office, the sentence to be9 recommended by the government in this case is based upon the

10 nature and circumstances of the offense and the history and

11 characteristics of the defendant, the need for the sentence12 to reflect the seriousness of the offense, promote respect13 for the law, and to provide just punishment for the offense,14 to provide adequate deterrence to criminal conduct, to15 protect the public from further crimes of the defendant, and16 to provide a just and fair sentence for this defendant in17 relation to and in comparison with all of the defendant's18 coconspirators.19 Regarding a waiver of appeal and post-conviction20 relief, defendant knowingly and voluntarily waives the right21 to appeal from any aspect of the conviction and sentence on22 any grounds unless the sentence imposed exceeds the23 statutory maximum, the court imposes an upward departure

24 pursuant to Part 5K of the sentencing guidelines, or the25 court exercises its discretion under 18 United States Code

461 3553(a) to impose a sentence which exceeds the advisory2 guideline range. Should defendant seek an appeal despite3 this waiver of that right, the United States Attorney's4 Office may take any position on any issue on appeal.5 Defendant also waives the right to file a motion6 pursuant to the 28 United States Code 2255 to set aside7 the conviction and sentence except on the grounds of8 ineffective assistance of counsel, newly discovered9 evidence, or a retroactive change in the applicable

10 guidelines or statute.11 Defendant understands that the court is not bound12 by the recommendations of the parties or of the presentence13 report writer. Because this agreement is made under Rule14 11(c)(1)(B) of the Federal Rules of Criminal Procedure, the15 defendant understands that he may not withdraw any guilty16 plea or rescind this plea agreement if the court does not17 follow the agreements -- the agreements or recommendations18 herein.19 The defendant understands that the United States


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20 Attorney's Office will fully inform the presentence report21 writer and the court of the facts and law related to22 defendant's case. Except as set forth in this agreement,23 the parties reserve all other rights to make sentencing24 recommendations and to respond to motions and arguments by25 the opposition.

471 With regard to a breach of the plea agreement, if2 the defendant breaches the terms of this agreement or3 commits any new violations of law between signing this4 agreement and sentencing, the United States Attorney's5 Office is relieved of its obligations under this agreement6 but defendant may not withdraw any guilty plea.7 Paragraph 17 involves cooperation terms of the8 defendant.9 The defendant has reviewed this, by my

10 conversations with counsel and the defendant, he has11 reviewed each and every paragraph carefully, and in summary,12 with regard to the substantial assistance departure which

13 will be recommended by the government, assuming defendant14 complies with the terms of this agreement and assuming the15 base offense level is 38 as calculated pursuant to United16 States Sentencing Commission Guidelines Manual with17 effective date of November 1, 2000, the United States18 Attorney's Office will recommend up to a 12-level downward19 departure pursuant to United States Sentencing Guidelines20 Section 5K1.1.21 If the base offense level is determined to be less22 than 38 and assuming defendant complies with the terms of23 this agreement, the United States Attorney's Office will24 recommend a departure level which may be less than 12. In25 either instance, the United States Attorney's Office will

481 recommend that the sentence be imposed at the low end of the2 resulting advisory guideline range and anticipates the3 sentence to be 180 months imprisonment -- excuse me -- 1884 months. Thank you.5 The defendant is free to request other adjustments6 or departures; however, the United States Attorney's Office7 will oppose any such request. The defendant agrees that any8 grounds upon which defendant will seek a sentence adjustment9 will be raised sufficiently in advance of the sentence

10 hearing to permit the government a full opportunity to11 respond to the court. The United States Attorney's Office

12 for the District of Colorado is in agreement with the13 anticipated 188-month sentence recommendation and, upon14 defendant's completion of all stated conditions in this plea15 agreement, will recommend a sentence in their case, No.16 06-CR-00191-REB to be 188 months and to run concurrent with17 the anticipated 188-month sentence in the District of18 Oregon.19 The defendant also agrees to have the sentence20 hearing postponed in order to continue cooperation efforts21 if the United States Attorney's Office requests such a


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22 continuance.23 Your Honor, this letter states the full extent of24 the agreement between the parties. There are no other25 promises or agreements, express or implied.

491 THE COURT: Sir, is that your understanding of the2 agreement that you have reached with the United States3 government?4 THE DEFENDANT: I understand.5 THE COURT: Is it your agreement?6 THE DEFENDANT: That is my agreement.7 THE COURT: And this is the only agreement between8 you and the United States government that settles this case;9 is that correct?

10 THE DEFENDANT: That is correct, Your Honor.11 THE COURT: No other officer or agent of any12 branch of government, be it federal, state, or local, or13 anyone else has promised or suggested that you would receive14 a lesser term of imprisonment, probation, or any other form

15 of leniency except as recited on the record by Mr. Engdall16 and contained in the letter attached to the petition?17 THE DEFENDANT: No.18 THE COURT: No one's made any other promises or19 suggestions?20 THE DEFENDANT: No, no, no, Your Honor.21 THE COURT: And you understand you can't rely on22 promises or suggestions made outside the presence of the23 court?24 THE DEFENDANT: I understand.25 THE COURT: Is anyone threatening you, forcing

50

1 you, intimidating you, twisting your arm, or making you2 plead guilty today?3 THE DEFENDANT: No, Your Honor.4 THE COURT: Do you make this plea freely and5 voluntarily?6 THE DEFENDANT: Yes, Your Honor.7 THE COURT: And have you had a chance to review8 the recitation of facts read verbatim on the record by9 Mr. Engdall and attached to your petition, and I haven't

10 counted the pages. It's listed as Attachment 1. Have you11 read that?12 THE DEFENDANT: I read that.13 THE COURT: And did you hear Mr. Engdall recite

14 it?15 THE DEFENDANT: Yes.16 THE COURT: And are these facts true?17 MS. WOOD: Your Honor, we have agreed that the18 government can prove those facts beyond a reasonable doubt,19 and we ask that the court accept that statement as a factual20 basis for Mr. Meyerhoff's guilty plea.21 THE COURT: And you acknowledge your acts with22 regard to these facts; is that correct?23 THE DEFENDANT: Yes, Your Honor.


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24 THE COURT: Mr. Engdall?25 MR. ENGDALL: Yes, Your Honor, that's sufficient.

511 THE COURT: You are satisfied?2 MR. ENGDALL: Yes.3 THE COURT: To Counts 1 through 54 in Case4 06-60078, how do you wish to plead? Guilty or not guilty?5 THE DEFENDANT: Guilty.6 THE COURT: Guilty pleas are received.7 A sentencing date.8 THE CLERK: December 14th at 9:00 o'clock.9 MS. WOOD: Your Honor, the defense would move to

10 seal the plea agreement letter and attachment and the plea11 petition and the transcript of the change of plea hearing in12 this cause pending further order of the court.13 MR. ENGDALL: No objection, Your Honor.14 THE COURT: That will be done. Thank you.15 Anything else?16 MR. ENGDALL: Thank you, Your Honor.

17 MS. WOOD: No objection. No, Your Honor.18 THE COURT: Thank you.19 (The proceedings were concluded this20 21st day of July, 2006.)2122232425

521 I hereby certify that the foregoing is a true and2 correct transcript of the oral proceedings had in the

3 above-entitled matter, to the best of my skill and ability,4 dated this 11th day of July, 2006.567 _______________________________________________7 Kristi L. Anderson, Certified Realtime Reporter

Meyerhoff.transcript

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Transcript of Meyerhoff.transcript