Your Federal Quarterly Tax Payments are due April 15th Get Help Now >>



Government v. No. 06-60078

FRIDAY, JULY 21, 2006
PAGES 1 - 52

Kristi L. Anderson
Official Federal Reporter
United States Courthouse
211 East Seventh Avenue
 (541) 465-6503


701 High Street
 Eugene, Oregon 97401

 1000 SW Third Avenue
 Suite 600
Portland, Oregon 97204-2902

750 Lawrence, Suite 2
Eugene, Oregon 97401

730 Van Buren Street
Eugene, Oregon 97402

 1             PROCEEDINGS
 2           FRIDAY, JULY 21, 2006
 3       THE COURT: Please be seated.
 4       THE CLERK: This is the time set for Criminal
 5   06-60078, United States of America versus Stanislas Gregory
 6   Meyerhoff, hearing on defendant's oral motion to change
 7   plea.
 8          MR. ENGDALL: Good afternoon, Your Honor. The
 9   government has submitted to the court an information which
10    we will be filing with the court today. Also, it's my
11    understanding that the defendant will be entering a waiver
12    of indictment on that information. He will be arraigned on
13    the information, and then we will proceed to the entry of a
14    guilty plea on it.
15           THE COURT: Counsel.
16           MR. FREDERICKS: Good afternoon, Your Honor.
17    Richard Fredericks and Terri Wood with Mr. Meyerhoff. We
18    have a waiver of indictment, a petition to enter a plea of
19    guilty, which Mr. Meyerhoff has just signed.
20           THE COURT: And Mr. Meyerhoff has in fact received
21    a copy of the information in Case 06-60078 containing 54
22    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?

 1         THE DEFENDANT: Absolutely, Your Honor.
 2         THE COURT: And you have had two lawyers
 3   representing you in this matter?
 4         THE DEFENDANT: Yes.
 5         THE COURT: And Mr. Engdall, for the record, if
 6   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 arson
 9   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 arson
13    counts, the maximum sentence is 20 years imprisonment, a
14    mandatory minimum of five years imprisonment, and a fine of
15    $250,000 as to each count.
16          Count 4, destruction of an energy facility, the
17    maximum sentence is 20 years imprisonment, a fine of
18    $250,000.
19          Counts 5 through 54 are all arson and attempted
20    arson counts. They involve the maximum sentence of 20 years
21    imprisonment with a five-year mandatory minimum sentence of
22    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

1 the counts and talk about the nature of each of those
2 charges?
3        THE DEFENDANT: I understand them.
4        THE COURT: Did you wish to waive further advice
5 of rights?
6        THE DEFENDANT: Yes, Your Honor.
 7          THE COURT: And go directly to the fact that you
 8   are not requesting that this case be presented to the grand
 9   jury. You are in fact asking by your filing of the waiver
10    of indictment to go forward today and accept the
11    government's offer and plead guilty to the counts in the
12    information; is that correct?
13          THE DEFENDANT: I understand. Yes, that's
14    correct.
15          THE COURT: Have you had plenty of time to talk
16    with your two lawyers?
17          THE DEFENDANT: Quite.
18          THE COURT: Anything the court can advise you with
19    regard or do you have any questions that the court or your
20    lawyers may answer for you?
21          THE DEFENDANT: No. Thank you, Your Honor.
22          THE COURT: And you waive those rights; is that
23    correct?
24          THE DEFENDANT: Yes.
25          THE COURT: And you are asking the court to sign

 1   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 hand
 6   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 High
18    School in 1995, and I, throughout the years -- several --
19    was in and out of schools. I went through automotive -- a
20    few automotive courses in Phoenix, Arizona, and never went
21    anywhere with that, but finally, in 2003, ended up in Bend
22    when -- and started going to school there. I had been in
23    Bend for a few years, but I walked away from the ELF.
24          THE COURT: So intermittently you have taken
25    classes?

1           THE DEFENDANT: Correct, until of late in 2003, I
2    started attending full time at COCC, and it changed my life.
3    When I was arrested I had only physics notes and chemistry
4    notes.
5           THE COURT: And so you were able to read and
6    understand the plea petition and plea agreement that's
7    attached; is that correct?
8           THE DEFENDANT: That is correct.
 9         THE COURT: And Ms. Wood and Mr. Fredericks have
10   been your lawyers throughout these proceedings, correct?
11          THE DEFENDANT: Yes, ma'am.
12          THE COURT: And you had a copy of the information
13   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 through
18   several times.
19          THE COURT: And have you discussed it with
20   Ms. Wood and Mr. Fredericks?
21          THE DEFENDANT: I have.
22          THE COURT: And have you had a discussion about
23   the nature of each of those charges, lesser included
24   offenses, and defenses that might be raised to these
25   charges?

 1           THE DEFENDANT: Yes.
 2           THE COURT: Do you want me to review each and
 3   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 review
12    the government's evidence or discovery in this case with
13    your lawyers; is that correct?
14            THE DEFENDANT: I understand the evidence against
15    me.
16            THE COURT: They have shared that evidence that's
17    been presented to them, and they have shared that
18    information with you; is that correct?
19            THE DEFENDANT: Yes, yes, yes, indeed.
20            THE COURT: And have you had plenty of time to
21    talk it over with them?
22            THE DEFENDANT: Yes, Your Honor, I have.
23            THE COURT: And all your questions have been
24    answered?
25            THE DEFENDANT: I feel confident in my plea.

 1          THE COURT: You have also had a chance to then
 2   talk with them about all the options, all the choices that
 3   you have on how to proceed in this particular matter; is
 4   that correct?
 5          THE DEFENDANT: I believe so.
 6          THE COURT: And you have also had a chance to tell
 7   them all the facts known to you about this case; is that
 8   correct?
 9          THE DEFENDANT: That is correct.
10          THE COURT: So after seeking their advice and
11   counsel, reviewing the evidence that the government has
12   presented, looking at the nature of the charges and all the
13   factors, it's your decision today to accept the government's
14   offer and plead guilty to the counts?
15          THE DEFENDANT: It always has been.
16          THE COURT: That's what you understand you are
17   doing today?
18          THE DEFENDANT: I understand that, Your Honor.
19          THE COURT: So it means with regard to the counts
20   as follows:
21          With regard to Count 1, the elements are that
22   between October 1996 and October 2001, in Oregon, you
23   willfully and knowingly conspired and agreed with others to
24   maliciously damage or destroy or attempt to damage or
25   destroy by means of fire or explosives a building, vehicle,

 1   or other real or personal property owned and possessed or
 2   leased to the United States and to maliciously damage or
 3   destroy by means of fire or explosive any building, vehicle,
 4   or other real or personal property used in or affecting
 5   interstate commerce and knowingly and willfully damaged or
 6   attempt to damage an energy facility of the United States
 7   involved in the transmission and distribution of electricity
 8   in an amount exceeding a $100,000.
 9                (Reporter interrupted.)
10           THE COURT: You are interrupting, and you have to
11    just stop and let me finish and then ask a question. I
12    appreciate that.
13           THE DEFENDANT: I apologize.
14           THE COURT: It will be enormously important to the
15    court reporter because there is so much material we need to
16    cover this afternoon. All right?
17           You understand that those are the elements of
18    Count 1?
19           THE DEFENDANT: Those are the statutes I am
20    pleading guilty to, and I do understand them, yes, yes, Your
21    Honor.
22           THE COURT: With regard to Count 4, on October --
23    on December 30th, excuse me, 1999, in Oregon, you knowingly
24    and willfully damaged an energy facility of the United
25    States in an amount exceeding a $100,000.

 1          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 the
 6   information are arson counts, and they have the following
 7   common elements: In Oregon, you unlawfully and maliciously
 8   caused or aided and abetted and procured the malicious
 9   damaging and destroying by means of fire or explosives real
10    or personal property used in or affecting interstate
11    commerce.
12          THE DEFENDANT: Yes, Your Honor.
13          THE COURT: And Count 2 is May 9th, 1999, Childers
14   Meat Company in Eugene, Oregon.
15          Count 3, December 25th, 1999, Boise Cascade office
16   in Monmouth, Oregon.
17          Count 5, September 6th, 2000, Eugene Police
18   Department Public Safety Station, Eugene, Oregon.
19          Count 6, January 2nd, 2001, Superior Lumber
20   Company, Glendale.
21          Counts 7 through 41 all pertain to the same arson
22   that occurred on March 30th, 2001, Romania Truck Center in
23   Eugene.
24          Count 7, 2001 a Suburban.
25          Count 8, 2001, a Tahoe.

 1        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.

 1          Count 37, 38, 39, 40, and 41, all 2001 Suburbans.
 2          Count 42 to 54 all involve an arson at the
 3   Jefferson Poplar Farm 79114 Collins Road, Clatskanie,
 4   Oregon, occurring May 21st, 2001.
 5          Count 42, attempted arson. And we have discussed
 6   those elements of arson previously. The main office
 7   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 number
11    VHQ 660.
12          Count 46, a 1984 Ford truck.
13          Count 47, a 1997 Ford truck, Oregon license number
14    VHQ 661.
15        Count 48 a 1997 Ford truck, Oregon license number
16   VNS 404.
17        Count 49, a 1996 Ford truck.
18        Count 50, a 1990 Ford truck, Oregon license number
19   283 ACE.
20        Count 51, a 1990 Ford truck, Oregon license number
21   282 ACE.
22        Count 52, a 1990 Ford truck, Oregon license number
23   361 ACC.
24        Count 53, a 1981 GMC truck.
25        And Count 54, 1989 Ford truck.

 1          So you understand those are the elements to which
 2   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 legal
 7   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 before
11    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 truth
18    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 answer
22    to questions that I place before you, separate charges of
23    perjury or false statement may be brought against you, and
24    the answers that you give in court today may be used against
25    you in a further court proceeding?

 1          THE DEFENDANT: I understand.
 2          THE COURT: Are you under the influence of drugs
 3   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 a
13    crime can result in consequences in addition to
14    imprisonment?
15           THE DEFENDANT: Yes, Your Honor, I understand
16    that.
17          THE COURT: Such consequences may include
18   deportation or removal from the United States or denial of
19   naturalization if you are not a United States citizen; loss
20   of eligibility to receive federal benefits; loss of certain
21   civil rights, which may be temporary or permanent depending
22   on applicable state or federal law, such as the right to
23   vote, to hold public office, and to possess a firearm; and
24   the loss of the privilege to engage in certain occupations
25   licensed by the state or federal government?

 1          THE DEFENDANT: I understand.
 2          THE COURT: You also understand you do not have to
 3   plead guilty today. You can stand on all your
 4   constitutional guarantees and go to trial in this matter.
 5          THE DEFENDANT: I understand. I do this quite
 6   willingly.
 7          THE COURT: You understand that if you are going
 8   to do this, you are going to waive or give up some of those
 9   constitutional rights?
10          THE DEFENDANT: Yes, Your Honor.
11          THE COURT: More specifically, the right to a
12    speedy and public trial by jury, during which you would be
13    presumed to be innocent unless and until proven guilty by
14    the government beyond a reasonable doubt and by a unanimous
15    vote of 12 jurors.
16           You are giving up the right to have the assistance
17    of an attorney at all stages of the proceedings.
18           You are giving up the right to use the power and
19    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 yourself
25    whether to take the witness stand and testify. You are also

 1   giving up the right to decide not to take the witness stand
 2   and have the court instruct the jury that no inference of
 3   guilt may be drawn from that decision.
 4          And finally, you are giving up the right not to be
 5   compelled to incriminate yourself.
 6          Do you understand each and every one of those
 7   rights?
 8          THE DEFENDANT: I do understand them.
 9          THE COURT: Are you prepared to give up each and
10    every one of those rights?
11           THE DEFENDANT: Yes, Your Honor.
12           THE COURT: So you understand if you plead guilty
13    this afternoon, there will be no trial before a judge or a
14    jury, and you will not be able to appeal the denial of any
15    pretrial motions that may have been filed, save and except
16    issues related to the court's jurisdiction?
17           THE DEFENDANT: Understood.
18           THE COURT: In the petition it notes that your
19   guilty plea is pursuant to Rule 11(c)(1)(B), and I'm certain
20   both lawyers have discussed this fully with you, but let me
21   ask if you understand it to mean as follows:
22          You have entered into an agreement with the
23   government whereby at sentencing there will either be joint
24   recommendations made to the court, sentencing concessions,
25   or other factors that the agreement requires be placed

 1   before the court. The court will listen very carefully to
 2   those agreements or recommendations or sentencing
 3   concessions, but the court is not bound or obligated to
 4   follow those agreements or recommendations. So if the court
 5   sentences you to something different than what you expect to
 6   receive pursuant to the plea agreement, you would not be
 7   able to withdraw your plea.
 8          Do you understand?
 9          THE DEFENDANT: I do understand.
10           THE COURT: You understand the maximum penalties
11    that can be imposed upon you for the crimes to which you are
12    pleading guilty are, Count 1, five years in prison, $250,000
13    in fines; Count 4, 20 years in prison, $250,000 in fines;
14    Counts 2, 3, 5 through 54, 20 years in prison, mandatory
15    five years in prison, mandatory minimum on each, and
16    $250,000 as a fine.
17           THE DEFENDANT: Yes, Your Honor, I understand.
18           THE COURT: Do you also understand that in
19    addition to any other penalty, the court will be required to
20    pay -- have you pay a fee assessment in the amount of a $100
21    per count?
22           THE DEFENDANT: It seems to be the least of my
23    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

 1   fine, you could be returned to court where the amount of the
 2   unpaid balance owed on the fine can be substantially
 3   increased by the court, and you can be imprisoned for up to
 4   a year?
 5          THE DEFENDANT: Yes.
 6          THE COURT: And have you and your lawyers had
 7   plenty of time to talk about the Federal Sentencing
 8   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, and
12    that report will be a sentencing guidelines calculation and
13    a recommendation. The guidelines calculation and
14    recommendation will be advisory, not mandatory, to the
15    court. The court will be required to look at that advisory
16    guidelines application as well as factors in 18 U.S.C. º
17    3553, including, but not limited to, the following: Nature
18    and circumstances of the offense; your own criminal history
19    and personal history; any other factors that the court deems
20    reasonable in accordance with this crime; as well as the
21   goals of sentencing, be it punishment, deterrence, community
22   safety, or rehabilitation. The court will look at all those
23   factors in fashioning a reasonable but not greater than
24   necessary sentence in this case.
25          Do you understand?

 1          THE DEFENDANT: I do understand, Your Honor.
 2          THE COURT: And you do understand the court may
 3   not sentence you to a sentence greater than the maximum
 4   which we have discussed.
 5          THE DEFENDANT: I understand that.
 6          THE COURT: Do you further understand that if you
 7   are sent to prison, you will serve your full sentence except
 8   for credit for good behavior that you may earn at the rate
 9   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 to
13    prison, you will serve a term of supervised release
14    following your prison sentence. During that term of
15    supervised release, you will be supervised by a probation
16    officer according to terms and conditions set by the court.
17    If you violate those terms and conditions, you could be
18    returned to prison. In this case, I believe you could be
19    placed on supervised release for up to three years, and you
20    could go back to prison for up to two years, although that
21    conflicts with what I recall from yesterday.
22           Is that accurate, Mr. Engdall?
23           MR. ENGDALL: Yes, Your Honor. I believe
24    yesterday we said 41 months, but it may vary with each
25    defendant. I will defer to counsel on that.

 1           MS. WOOD: Your Honor, I believe pursuant to
 2   statute, the highest grade felony he's charged with is a
 3   Class C felony, which would be a three-year term maximum
 4   supervised release and two-year maximum for violations of
 5   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 order
11    restitution payments to any victim of any offense to which
12    you are pleading guilty, and do you understand that for
13    certain crimes of violence and crimes involving fraud and
14    deceit it is mandatory that the court impose the full
15    restitution amount, and that would include any financial
16    loss or harm caused by the offense. And if imposed, the
17    victim can use the order of restitution to obtain a civil
18    judgment lien. A restitution order can be enforced by the
19    United States for up to 20 years from the date of your
20    release from prison, or, if you are not in prison, 20 years
21    from the date of the entry of judgment. And if you
22    willfully refuse to pay the restitution as ordered, the
23 court may resentence you to any sentence which could have
24 originally been imposed.
25       Do you understand?

 1          THE DEFENDANT: Yes, Your Honor.
 2          THE COURT: Do you also understand that on a fine
 3   or restitution in amount greater than $2,500, you will be
 4   required to pay interest unless the fine or restitution is
 5   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 on
 8   probation, parole, or supervised released in any other state
 9   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, a
12    sentence in addition to the one imposed by this court in
13    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 specifically
17    discussed in open court now at the time of your change of
18    plea or contained in the letter agreement attached to your
19    petition, those cases may be fully prosecuted and you could
20    receive a consecutive sentence; that is, a sentence in
21    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 the
24    agreement you reached with the government to settle this
25    case; is that true?

 1          THE DEFENDANT: That's true, Your Honor.
 2          THE COURT: And it's contained in the letter
 3   attached to the petition, correct?
 4          THE DEFENDANT: Correct.
 5          THE COURT: I'd ask you to listen carefully while
 6   the terms of that agreement are recited on the record. I
 7   will tell you that the factual basis which will be read in
 8   its entirety, I will come back and ask you if that is in
 9   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 is
16    as follows:
17           He will plead guilty to Counts 1 through 54 of the
18    information as has been carefully described to him by the
19    court this afternoon.
20           The defendant agrees to pay the requisite fee
21    assessment. He will also pay mandatory restitution as
22    ordered by the court.
23           The factual basis for each count is attached to
24    the plea agreement, and for the record, I would read that
25 into the court record at this time.

 1          With regard to Count 1, conspiracy to commit arson
 2   and destruction of an energy facility of the United States.
 3          Beginning in October 1996 and continuing through
 4   October 2001, in the District of Oregon and elsewhere,
 5   Josephine Sunshine Overaker, Kevin Tubbs, Stanislas Gregory
 6   Meyerhoff, Daniel Gerard McGowan, Joseph Dibee, Rebecca
 7   Rubin, Chelsea Dawn Gerlach, Kendall Tankersley, Susan
 8   Savoie, Jonathan Christopher Mark Paul, Darren Todd
 9   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 and
12    agreed to maliciously damage or destroy or attempt to damage
13    or destroy by means of fire buildings, vehicles, and other
14    personal and real property owned in whole or in part or
15    possessed by or leased to the United States or any
16    department or agency thereof and/or used in interstate
17    commerce or in any activity affecting interstate commerce
18    and knowingly and willfully damaged and attempt to damage
19    the property of an energy facility of the United States
20    involved in the transmission of electricity.
21           The conspiracy was accomplished by the defendant
22    and others named above when certain of the defendants and
23    the others joined together in a group they called the
24    "family." This family was what is commonly known as a cell
25    of groups and movements publicly named and described by

 1   certain of the defendants and others as the Earth Liberation
 2   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 by
 6   means of force, violence, sabotage, destruction of property,
 7   intimidation, and coercion, and, by similar means, to
 8   retaliate against the conduct of government, commerce, and
 9   private business. To achieve these purposes, some of the
10    conspirators committed and attempted to commit acts
11    potentially dangerous to human life and property that
12    constituted violations of the criminal laws of the United
13    States and of individual states.
14           Some of the defendants and others targeted for
15    arson buildings, vehicles, and other real and personal
16    property owned, possessed, and leased by the United States
17    and its departments and agencies, while others targeted for
18    arson buildings, vehicles, and other real and personal
19    property used in interstate commerce and in activities
20    affecting interstate commerce, and still others targeted
21    energy facilities of the United States for damage and
22    destruction.
23           The defendant and others conducted and
24    participated in meetings to plan arsons of the targeted
25    sites. Several of these meetings were called "book club"
 1   meetings by the defendants and others and occurred at
 2   distant locations. The book club meetings covered subjects
 3   such as lock-picking, computer security, reconnaissance of
 4   targets, and the manufacture of timing devices to set off
 5   improvised incendiary devices. Some of the defendants and
 6   others conducted research and surveillance of sites targeted
 7   for arson and discussed their actions among themselves using
 8   code words, code names and nicknames. The phrase "direct
 9   action" was used to include arsons and other acts of
10    destruction.
11           In preparation for the actions, the conspirators
12    designed and constructed destructive devices which
13    functioned as incendiary devices to ignite fires and destroy
14    the targets for arson and provided transportation to the
15    location of the arson targets.
16           During the course of the direct actions, the
17    defendant and others dressed in dark clothing, wore masks
18    and gloves, and otherwise disguised their appearance. Some
19    of the conspirators acted as lookouts to ensure secrecy as
20    the crimes were carried out, and some placed destructive
21    devices and accelerants at sites targeted for arson and
22    ignited or attempted to ignite the devices and accelerants.
23    In some of the arsons and attempted arsons, certain of the
24    defendants and others painted messages on walls of the
25    targets, including Earth Liberation Front, ELF, and related

 1   names and statements concerning the purposes of the crimes.
 2          After the arsons and attempted arsons, the
 3   defendants and others destroyed, buried, hid, and otherwise
 4   disposed of physical evidence used in the commission of the
 5   crimes and thereafter publicized and promoted the results of
 6   the fires by means of written press releases and communiques
 7   which attributed the arsons to Earth Liberation Front, the
 8   Animal Liberation Front, and related groups, and stated the
 9   purposes of their arsons.
10           Before, during, and after the arsons, attempted
11    arsons, and destruction of an energy facility, some of the
12    defendants and others agreed among themselves never to
13    reveal to law enforcement authorities or to anyone else
14    outside the family the identity of the conspirators and
15    participants in the arsons and attempted arsons and agreed
16    among themselves to conceal or destroy any evidence
17    connecting them to the arsons and attempted arsons. Some of
18    the defendants and others possessed and/or used false
19    identification documents in order to conceal their true
20    identities. And after the arsons and attempted arsons, some
21    of the defendants and others fled and secreted themselves in
22    foreign countries in order to avoid detection and arrest by
23    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,

1 Jacob Ferguson, and Josephine Sunshine Overaker performed a
 2   reconnaissance of the Childers Meat Company located at 29476
 3   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 Kevin
 6   Tubbs traveled to the Childers Meat Company facility.
 7   Meyerhoff had a radio and performed the duties of a lookout
 8   near the facility while Ferguson and others placed the
 9   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 -- met
12    together and left the location. The incendiary devices
13    functioned, and the Childers Meat Company facility was
14    destroyed by fire. Childers Meat Company building and its
15    real and personal property were involved in and affected
16    interstate commerce.
17           With regard to Count 3, the arson at the
18    Boise Cascade Corporation Office.
19           Prior to December 25th, 1999, Stanislas Gregory
20    Meyerhoff performed several reconnaissance trips to the
21    Boise Cascade office at 450 North Pacific Avenue, Monmouth,
22    Polk County, Oregon, in the District of Oregon. On the
23    night of the arson, December 25th, 1999, Meyerhoff, Jacob
24    Ferguson, Chelsea Dawn Gerlach, and Josephine Sunshine
25    Overaker traveled to Monmouth, Oregon, and parked behind the

 1   Boise Cascade office facility. Overaker and Gerlach acted
 2   as lookouts and had hand-held two-way radios and monitored a
 3   police scanner to avoid being detected by law enforcement.
 4   Meyerhoff and Ferguson carried buckets of fuel and the
 5   timing devices to the office building and placed them at
 6   strategic locations. After placing the incendiary devices,
 7   Meyerhoff, Ferguson, Gerlach, and Overaker returned to
 8   Eugene, Oregon. The incendiary devices functioned, and the
 9   Boise Cascade office facility was destroyed by fire. The
10    Boise Cascade Corporation building and its real and personal
11    property was involved in and affected interstate commerce.
12           Count 4, destruction of an energy facility, the
13    Bonneville Power Administration tower.
14           Prior to December 30th, 1999, Stanislas Gregory
15    Meyerhoff performed research on power lines and selected a
16    high voltage electrical transmission line to destroy.
17    Meyerhoff wanted to destroy an electrical transmission line
18    to start Y2K troubles and to destabilize the United States
19    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 Dawn
22    Gerlach traveled to a location east of Bend, Oregon, to
23    perform reconnaissance at the location of the high voltage
24    electric transmission lines. The night of the destruction
25    of the energy lines and after preparations had been made by

1 Meyerhoff, Gerlach, Jacob Ferguson, and Josephine Sunshine
2 Overaker to clean their tools to avoid being detected by law
3 enforcement, the four traveled in Gerlach's truck to a site
 4   east of Bend, Oregon. After parking on a dirt road just off
 5   the highway, Meyerhoff, Ferguson, and Overaker walked to the
 6   site of the transmission tower. Gerlach remained with her
 7   vehicle and waited for the three to return. All three wore
 8   gloves to avoid leaving latent fingerprints and proceeded to
 9   loosen and remove nuts from the bolts which held two cables
10    which held the transmission line tower erect. After two of
11    the four cables were loosened, the tower began to fall.
12    Meyerhoff yelled to warn Ferguson and Overaker. They
13    grabbed their tools and ran from the area as the tower fell
14    to the ground amidst loud crackling sounds and flashes of
15    light. After the four were back together at the truck, they
16    returned to Eugene, Oregon, where they attended a New Year's
17    party at the Earth First Ranch. The high voltage
18    transmission tower was the property of an energy facility of
19    the United States of America, namely the Bonneville Power
20    Administration tower, involved in the transmission and
21    distribution of electricity near the City of Bend, Oregon,
22    and damaged -- excuse me -- and was damaged in an amount
23    exceeding -- which would have exceeded $100,000.
24           Count 5, arson, Eugene Public -- Eugene Police
25    Department Public Safety Station.

 1          Stanislas Gregory Meyerhoff, Chelsea Dawn Gerlach,
 2   and Kevin Tubbs acted together on September 9th, 2000, to
 3   burn the Eugene Police Department West University Public
 4   Safety Station located at 791 East 13th Avenue, Eugene, Lane
 5   County, in the District of Oregon.
 6          Meyerhoff and Gerlach used time delayed incendiary
 7   devices, placed them next to the public safety station, and
 8   left the area. One of the devices functioned and caused
 9   damage to the public safety station building which was real
10    and personal property used in interstate commerce and in
11    activities affecting interstate commerce.
12           Count 6, arson, Superior Lumber Company.
13           Prior to January 2, 2001, Stanislas Gregory
14    Meyerhoff performed research on the Superior Lumber Company
15    located at 2695 Glendale Valley Road, Glendale, Douglas
16    County, in the District of Oregon. Meyerhoff participated
17    in the reconnaissance of the facility while in a vehicle
18    parked on the street near the facility and where he took
19    note of the neighborhood lighting. Prior to the arson,
20    Meyerhoff assembled the timing devices which were used
21    during the arson. The night of the arson, Meyerhoff, Jacob
22    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 latex
25    gloves under cotton gloves to avoid detection by law

1    enforcement. Meyerhoff and others had two-way radios with
2    which to communicate. From the staging area, Meyerhoff and
3    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
 6   placed the incendiary devices around the building, after
 7   which they called via two-way radios to be picked up. As
 8   they all returned to Eugene, Oregon, they disposed of the
 9   dark clothing and gloves they wore during the arson. The
10    incendiary devices functioned and caused the destruction of
11    the building by fire. The Superior Lumber Company building
12    and other real and personal property was used in interstate
13    commerce and in activities affecting interstate commerce.
14           Counts 7 through 41, arson, Romania Chevrolet
15    Truck Center vehicles.
16           Prior to March 30th, 2001, Stanislas Gregory
17    Meyerhoff and other coconspirators performed several
18    reconnaissance missions at the Joe Romania Chevrolet Truck
19    Center at 1425 Walnut Street, Eugene, Lane County, in the
20    District of Oregon. The truck center was selected as a
21    target to show support for Jeffrey Luers and was used to be
22    a statement of defiance. Meyerhoff assembled the timing
23    devices which were used during the arson. On the night of
24    the arson, March 30th, 2001, Meyerhoff and William Rodgers
25    Kevin Tubbs, Nathan Block, and Joyanna Zacher met at a

 1   staging area east of Eugene to transfer the fuel from gas
 2   cans to portable containers. Meyerhoff and others wrapped
 3   cloth sheets to be used as trailers at the arson site. One
 4   vehicle was left at the staging area while Rodgers drove the
 5   conspirators in a van and dropped Tubbs and Zacher off to be
 6   lookouts during the arson. Meyerhoff and Block placed the
 7   incendiary devices under the vehicles. After the devices
 8   were set, Rodgers, Block, and Zacher returned to the staging
 9   area to retrieve their vehicle. After the arson, Meyerhoff
10    and others offered a communique. Then Meyerhoff gave the
11    communique to Daniel McGowan to send out via anonymous
12    e-mail. The incendiary devices functioned and the vehicles
13    were destroyed by fire. The vehicles which were destroyed
14    were used in interstate commerce and used in activities
15    affecting interstate commerce.
16           Counts 42 through 54, attempted arson and arson at
17    the Jefferson Poplar Farm.
18           Prior to May 21, 2001, Stanislas Gregory
19    Meyerhoff, Jacob Ferguson, Chelsea Gerlach, and others
20    performed more than one reconnaissance of the Jefferson
21    Poplar Farm located at 79114 Collins Road, Clatskanie,
22    Columbia County, in the District of Oregon. The arson at
23    the Jefferson Poplar Farm was coordinated to occur the same
24    day as the arson at the University of Washington. Meyerhoff
25    and others referred to these actions as the "double whammy."

1    Meyerhoff was in charge of the team that performed the arson
2    at the Jefferson Poplar Farm. Meyerhoff's team included
3    Daniel McGowan, Susan Savoie, Nathan Block, and Joyanna
4    Zacher. Meyerhoff organized the people who were assisting
5    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
 8   Zacher's residence in Olympia, Washington, where the
 9   Jefferson Poplar Farm and the University of Washington
10    arsons were discussed. Meyerhoff purchased rocket engine
11    igniters from hobby stores to be used in the timing devices.
12    Meyerhoff assembled several timing devices which were placed
13    inside Tupperware containers. The night of the arson,
14    May 21, 2001, Meyerhoff and the others were dropped off at
15    the Jefferson Poplar Farm main office where he placed an
16    incendiary device nearby the steps of the office and another
17    device under the window of the office. Each incendiary
18    device consisted of two buckets of fuel, a lid on top of the
19    buckets, and the timing device was placed on the lid. After
20    setting the incendiary devices at the office, Meyerhoff ran
21    over to the vehicle shop and the shop and office and set the
22    timing devices on the buckets of fuel which had already been
23    placed by Block and McGowan. At one point, McGowan heard a
24    noise and pushed Meyerhoff behind a container near the shop
25    to hide from the source of the noise. In the building

 1   containing numerous trucks, the vehicle shop, the vehicle
 2   shop, Meyerhoff, Block, and McGowan poured diesel fuel from
 3   the truck tanks into the back of the trucks and onto other
 4   vehicles. The incendiary devices functioned, and the
 5   buildings and vehicles at Jefferson Poplar Farm were
 6   destroyed by fire. The Jefferson Poplar Farm buildings,
 7   vehicles, and other real and personal property were used in
 8   interstate commerce and in activities affecting interstate
 9   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 Meyerhoff
13    were living near Fall Creek, Oregon, William Rodgers asked
14    them to participate in the commission of an arson at the
15    Vail ski area in Colorado. The ski area is located on Vail
16    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 to
19    its top. Meyerhoff and Gerlach agreed to join Rodgers and
20    drove to Colorado in Gerlach's truck. Rodgers and another
21    person drove in his truck. They bought gasoline and other
22    supplies during the trip and spent time in a motel in Utah
23    constructing devices that they planned to use to ignite the
24    firearms.
25           When they arrived in Colorado, Gerlach, Meyerhoff,

1    Rodgers, and another person met some others who planned to
2    assist with the arson. Gerlach and Meyerhoff, Rodgers, and
3    the others drove in Gerlach's truck in the City of Vail
4    toward the top of Vail Mountain. They brought along several
5    containers of gasoline and diesel fuel which they intended
6    to use to burn buildings and other structures belonging to
7    the ski resort at the top of the mountain. Because there
8    was snow on the ground and the road was muddy, the truck was
9    unable to get to the top. The group took the containers out
10   of the truck and hid them in an area below the ridge line.
11          When the group returned to the bottom of the
12   mountain, Meyerhoff quit the project, believing the arson
13   could not be accomplished. He drove back to Oregon in
14   Gerlach's truck. Rodgers and Gerlach were the only ones who
15   stayed in Colorado.
16          Rodgers and Gerlach decided that she would drive
17   him back to the spot near the top of the mountain where her
18   truck earlier had become stuck in the snow so that he could
19   set fire to the buildings and other structures. After
20   accomplishing this task, Rodgers walked down the mountain on
21   the morning of Monday, October 19th, 1998, and met Gerlach
22   at a prearranged site in Vail. Gerlach and Rodgers then
23   drove to Denver, Colorado. The fires that Rodgers had set
24   destroyed or damaged eight buildings and structures in two
25   different locations at the ski area. Two locations which

 1   the investigators designated as Scene A and Scene B are
 2   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 than
 6   24,000 square feet, which was totally destroyed.
 7          Two, Camp One Restaurant, a 2,900-square-foot
 8   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's
11    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 following
14    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's
17    headquarters as well as a ski rental shop, a pro shop, a
18    small restaurant, and an apartment where each season a ski
19    patrol member resided. The patrol member who was scheduled
20    to live there during the 1998-1999 season was in the process
21    of moving into the apartment at the time of the fires, but
22    was not present when the fires occurred. This building was
23    totally destroyed.
24           Buffalo's Cafe, a 749-square-foot building, which
25    was also totally destroyed.

 1          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 expansion
 4   area. The structure was a complete loss as a result of
 5   fire.
 6          The structure on top of ski lift 4, which carried
 7   skiers on the front side of the mountain to the area of
 8   patrol headquarters. Fire caused damage to a wall and an
 9   attached wooden deck.
10          The structure on top of ski lift 11, which also
11    carried skiers on the front side of the mountain. That
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 and
15   determined that several items from both scenes contained
16   mixtures of gasoline and a heavy petroleum distillate.
17   Diesel fuel is a heavy petroleum distillate. The
18   investigators determined that the fires were as a result of
19   arson.
20          Vail Associates, Incorporated, the company that
21   operates the ski area, estimated that the value of the real
22   estate loss as a result of the fires was almost $15 million.
23   Vail Associates received a payment of about $12 million from
24   its insurance carrier. All of these buildings and
25   structures that were affected by the arson fires had been

 1   used in interstate commerce or affected -- excuse me -- or
 2   in activities affecting interstate commerce.
 3           When Gerlach and Rodgers arrived in Denver, they
 4   composed a communique which claimed to be from the Earth
 5   Liberation Front. On October 21st, 1998, Gerlach used a
 6   computer at the library in Denver to send the communique to
 7   news media. It read as follows:
 8           On behalf of the lynx, five buildings and four ski
 9   lifts at Vail were reduced to ashes on the night of Sunday,
10    October 18th. Vail, Incorporated is already the largest ski
11    operation in North America and now wants to expand even
12    further. The 12 miles of roads and 885 acres of clear-cuts
13    will ruin the last best lynx habitat in the state. Putting
14    profits before Colorado's wildlife will not be tolerated.
15    This action is just a warning. We will be back if this
16    greedy corporation continues to trespass into wild and
17    unroaded areas. For your safety and convenience, we
18    strongly advise skiers to choose other destinations until
19    Vail cancels its inexcusable plans for expansion.
20            When the communique said the ski area wanted to
21    expand even further, it was referring to Vail Associates'
22    proposed Category III expansion onto 2,000 acres south of
23    the mountains' back bowls. Environmental groups had tried
24    to stop the project by filing a lawsuit in federal court in
25    Denver. The groups claimed that the U.S. Forest Service, in

 1   granting a permit for the expansion, had failed to properly
 2   analyze the environmental impact of the expansion, including
 3   its effects on the Canadian lynx population. The lawsuit
 4   was unsuccessful, and the project was scheduled to begin the
 5   day after the fires.
 6           Paragraph 4 of the plea agreement involves the
 7   resolution of sentencing issues.
 8           In addition to waiving the right to a jury trial
 9   on the issue of guilt, the defendant knowingly and
10    voluntarily agrees that sentencing issues in this case need
11    not be alleged in a grand jury indictment, proven to a jury
12    trial, or proven beyond a reasonable doubt. Defendant also
13    knowingly and voluntarily consents to judicial fact-finding
14   and resolution of any and all sentencing issues. The
15   defendant and government agree that the guidelines
16   calculations should be derived from the United States
17   Sentencing Commission Guidelines Manual with an effective
18   date of November 1, 2000, and further, that the combined
19   offense level for the defendant requires a five-level
20   increase pursuant to Section 3D1.4 of that manual.
21         The defendant and government understand and agree
22   the court will consider 18 United States Code º 3553 in
23   determining the appropriate sentence in this case. The
24   United States Attorney's Office will recommend a terrorism
25   guideline enhancement found in United States Section --

 1   Guidelines Section 3A1.4 because the felony offenses either
 2   involved or were intended to promote a federal crime of
 3   terrorism.
 4          Loss calculation.
 5          The United States Attorney's Office and this
 6   defendant agree for purposes of guideline calculations that
 7   the total loss resulting from the charges in this case is
 8   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 is
11    the November 1st, 2000, effective date version, Sections
12    2K1.4(a)(4), 2B1.3(b)(1), and 2B1.1(b)(1)(S).
13           The United States Attorney's Office will recommend
14    that the defendant receive a three-level increase for his
15    role as a manager in the offense under the provisions of the
16    United States Sentencing Guidelines Section 3B1.1(b).
17           The United States Attorney's Office agrees to
18    recommend a three-level reduction for acceptance of
19    responsibility if defendant's offense level is 16 or
20    greater. Otherwise, a two-level reduction applies pursuant
21    to Guidelines Section 3E1.1. The United States Attorney's
22    Office reserves the right to cancel or omit this
23    recommendation if the defendant between plea and sentencing
24    commits any new or additional violations of law, obstructs
25    or attempts to obstruct justice, or acts inconsistently with

 1   the acceptance of responsibility.
 2          The United States Attorney's Office will move to
 3   dismiss all remaining counts at the time of sentencing.
 4          The United States Attorney's Office further agrees
 5   not to bring any additional charges against the defendant
 6   for offenses relating to arson, conspiracy, conspiracy to
 7   commit arson, or destruction of an energy facility in which
 8   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 the
12    Districts of the Arizona, Western Michigan, Western
13    Washington, Wyoming, and Eastern California.
14           Upon completion of the conditions announced in
15    this plea letter agreement and subsequent to the defendant's
16   continued cooperation as stated in Paragraph 16 of this
17   agreement, the United States Attorney's Office for the
18   District of Oregon -- excuse me -- the District of Arizona,
19   for the Western District of Michigan, for the District of
20   Washington, and for the District of Wyoming and Eastern
21   District of California agree to the following:
22          The United States Attorney's Office for the
23   District of Arizona agrees to bring no additional charges
24   against defendant for offenses related to an arson that
25   occurred at Pima Canyon Estates in Tucson, Arizona, in the

 1   District of the Arizona, on or about June 12th, 2001.
 2          The United States Attorney's Office for the
 3   Western District of Michigan agrees to bring no additional
 4   charges against the defendant for offenses related to an
 5   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 the
 8   Western District of Washington agrees to bring no additional
 9   charges against defendant for offenses related to an arson
10    that occurred at the University of Washington Horticultural
11    Center, Seattle, Washington, in the Western District of
12    Washington, on or about May 21, 2001.
13           The United States Attorney's Office for the
14    District of Wyoming agrees to bring no additional charges
15    against defendant for offenses related to an attempted arson
16    that occurred at the Wild Horse Holding Facility, Rock
17    Springs, Wyoming, in the District of Wyoming, on or about
18    October 11th, 1998.
19           And finally, the United States Attorney's Office
20    for the Eastern District of California agrees to bring no
21    additional charges against the defendant for offenses
22    relating to an arson that occurred at the Wild Horse
23    Facility, Litchfield, California, in the Eastern District of
24    California, on or about October 30th, 2001.
25           The District of Colorado.

 1           The defendant agrees to transfer the charges
 2   pending against him in the United States versus Meyerhoff,
 3   et. al, Case No. 06-CR-00191-REB from the District of
 4   Colorado to the District of Oregon and to plead guilty to
 5   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 ski
12    area, the same maximum sentence and fine apply and minimum
13    sentence.
14           Count 3, arson, ski patrol office and operator's
15    shack for ski lift 14, Vail ski area. Again, same maximum
16    sentence of 20 years, minimum of five, and fine of $250,000.
17           Count 4, arson, ski patrol headquarters and ski
18   rental shop, Vail ski area, maximum sentence is 20 years
19   imprisonment, mandatory minimum five years imprisonment,
20   fine of $250,000.
21          Count 5, arson, Buffalo's Cafe building, Vail ski
22   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,

 1   Vail ski area.
 2           Finally, Count 8, operator's shack for ski lift
 3   11, Vail ski area.
 4           Counts 5, 6, 7 and 8 all have the same maximum
 5   sentence as the others, 20 years imprisonment, mandatory
 6   minimum of five years imprisonment, and a fine of $250,000.
 7           With regard to the sentencing recommendation by
 8   the United States Attorney's Office, the sentence to be
 9   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 sentence
12    to reflect the seriousness of the offense, promote respect
13    for the law, and to provide just punishment for the offense,
14    to provide adequate deterrence to criminal conduct, to
15    protect the public from further crimes of the defendant, and
16    to provide a just and fair sentence for this defendant in
17    relation to and in comparison with all of the defendant's
18    coconspirators.
19            Regarding a waiver of appeal and post-conviction
20    relief, defendant knowingly and voluntarily waives the right
21    to appeal from any aspect of the conviction and sentence on
22    any grounds unless the sentence imposed exceeds the
23    statutory maximum, the court imposes an upward departure
24    pursuant to Part 5K of the sentencing guidelines, or the
25    court exercises its discretion under 18 United States Code º

 1   3553(a) to impose a sentence which exceeds the advisory
 2   guideline range. Should defendant seek an appeal despite
 3   this waiver of that right, the United States Attorney's
 4   Office may take any position on any issue on appeal.
 5          Defendant also waives the right to file a motion
 6   pursuant to the 28 United States Code º 2255 to set aside
 7   the conviction and sentence except on the grounds of
 8   ineffective assistance of counsel, newly discovered
 9   evidence, or a retroactive change in the applicable
10    guidelines or statute.
11          Defendant understands that the court is not bound
12    by the recommendations of the parties or of the presentence
13    report writer. Because this agreement is made under Rule
14    11(c)(1)(B) of the Federal Rules of Criminal Procedure, the
15    defendant understands that he may not withdraw any guilty
16    plea or rescind this plea agreement if the court does not
17    follow the agreements -- the agreements or recommendations
18    herein.
19          The defendant understands that the United States
20   Attorney's Office will fully inform the presentence report
21   writer and the court of the facts and law related to
22   defendant's case. Except as set forth in this agreement,
23   the parties reserve all other rights to make sentencing
24   recommendations and to respond to motions and arguments by
25   the opposition.

 1          With regard to a breach of the plea agreement, if
 2   the defendant breaches the terms of this agreement or
 3   commits any new violations of law between signing this
 4   agreement and sentencing, the United States Attorney's
 5   Office is relieved of its obligations under this agreement
 6   but defendant may not withdraw any guilty plea.
 7          Paragraph 17 involves cooperation terms of the
 8   defendant.
 9          The defendant has reviewed this, by my
10    conversations with counsel and the defendant, he has
11    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 defendant
14    complies with the terms of this agreement and assuming the
15    base offense level is 38 as calculated pursuant to United
16    States Sentencing Commission Guidelines Manual with
17    effective date of November 1, 2000, the United States
18    Attorney's Office will recommend up to a 12-level downward
19    departure pursuant to United States Sentencing Guidelines
20    Section 5K1.1.
21           If the base offense level is determined to be less
22    than 38 and assuming defendant complies with the terms of
23    this agreement, the United States Attorney's Office will
24    recommend a departure level which may be less than 12. In
25    either instance, the United States Attorney's Office will

 1   recommend that the sentence be imposed at the low end of the
 2   resulting advisory guideline range and anticipates the
 3   sentence to be 180 months imprisonment -- excuse me -- 188
 4   months. Thank you.
 5           The defendant is free to request other adjustments
 6   or departures; however, the United States Attorney's Office
 7   will oppose any such request. The defendant agrees that any
 8   grounds upon which defendant will seek a sentence adjustment
 9   will be raised sufficiently in advance of the sentence
10    hearing to permit the government a full opportunity to
11    respond to the court. The United States Attorney's Office
12    for the District of Colorado is in agreement with the
13    anticipated 188-month sentence recommendation and, upon
14    defendant's completion of all stated conditions in this plea
15    agreement, will recommend a sentence in their case, No.
16    06-CR-00191-REB to be 188 months and to run concurrent with
17    the anticipated 188-month sentence in the District of
18    Oregon.
19           The defendant also agrees to have the sentence
20    hearing postponed in order to continue cooperation efforts
21    if the United States Attorney's Office requests such a
22 continuance.
23       Your Honor, this letter states the full extent of
24 the agreement between the parties. There are no other
25 promises or agreements, express or implied.

 1          THE COURT: Sir, is that your understanding of the
 2   agreement that you have reached with the United States
 3   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 between
 8   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 any
12    branch of government, be it federal, state, or local, or
13    anyone else has promised or suggested that you would receive
14    a lesser term of imprisonment, probation, or any other form
15    of leniency except as recited on the record by Mr. Engdall
16    and contained in the letter attached to the petition?
17           THE DEFENDANT: No.
18           THE COURT: No one's made any other promises or
19    suggestions?
20           THE DEFENDANT: No, no, no, Your Honor.
21           THE COURT: And you understand you can't rely on
22    promises or suggestions made outside the presence of the
23    court?
24           THE DEFENDANT: I understand.
25           THE COURT: Is anyone threatening you, forcing

 1   you, intimidating you, twisting your arm, or making you
 2   plead guilty today?
 3          THE DEFENDANT: No, Your Honor.
 4          THE COURT: Do you make this plea freely and
 5   voluntarily?
 6          THE DEFENDANT: Yes, Your Honor.
 7          THE COURT: And have you had a chance to review
 8   the recitation of facts read verbatim on the record by
 9   Mr. Engdall and attached to your petition, and I haven't
10    counted the pages. It's listed as Attachment 1. Have you
11    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 the
18    government can prove those facts beyond a reasonable doubt,
19    and we ask that the court accept that statement as a factual
20    basis for Mr. Meyerhoff's guilty plea.
21           THE COURT: And you acknowledge your acts with
22    regard to these facts; is that correct?
23           THE DEFENDANT: Yes, Your Honor.
24          THE COURT: Mr. Engdall?
25          MR. ENGDALL: Yes, Your Honor, that's sufficient.

 1          THE COURT: You are satisfied?
 2          MR. ENGDALL: Yes.
 3          THE COURT: To Counts 1 through 54 in Case
 4   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 plea
11    petition and the transcript of the change of plea hearing in
12    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 this
20           21st day of July, 2006.)

1          I hereby certify that the foregoing is a true and
2    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.
7    _______________________________________________
7    Kristi L. Anderson, Certified Realtime Reporter

To top