ferguson plea petition

8/3/2019 Ferguson Plea Petition

http://slidepdf.com/reader/full/ferguson-plea-petition 1/43

Edmund J. Spinney

3 5 Fifth Street

Sp-eId, OR 97477(541) 988-9399

(541) 988-9598 (FAX)

[email protected] # 84094Attorney for Defendant

INTHEUNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

UlWlTD STATE23 OF ARIERICA, 1

1 CaseNo. CR 4-60087-AAPlaintiff, 1

1 PETITION TOENTER PLEAvs. 1 OF GUILTY, CERTWICATE

) OF COUNSEL, AND ORDERJACOB SEREMZAH FERGUSON, ) ENTERING PLEA.

Defendant.1

1

The defendantrepresentsto the court:

1. My name s Jacob JeremiahFerguson. I am %years old. I havegone to school

uptoand includingthe 12* grade and havecompleteda 2year courseofstudiesatacommunity

college.

2. M y ttorney isEdmmd J. Sphey .

3. My attorney and I have discussed mycase

fully. I have received a copy of the

IndictmentorInformation. I havereadh e ndictmentor Information,or it hasbeenread tome,

and I have discussed it with my attorney. My attorney has counseled and advised me

concerningthe nature of each charge,any lesser-includedoffense@),and the possible defenses

- PETITION TO ENTER PLEA OF GUILTY



that I might have in this case. I have been advised and understand that the elements of the

charge@)alleged againstme towhich I ampleading "GUILTY" are as follows:

Count 1:Knowingly and maliciously attemptingto damageordestroy,by meansoffire,

anybuildingorvehicle inwhole or inpart ownedby theUntied Statesorany department

or agency thereof

Count2: Knowingly andmaliciously to damagingor destroying,by means of fire,any

building orvehicle in whole or inpart owned by the Untied States or any departmentor

agency thereof.

Ihavehad a f i l l and adequateopportunity to disclosetomy attorneyall factsknown o me that

relate to my case.

4. I know that if I plead "GUILTY," I will have to answerany questions that the

judge as l a me about the offenses towhich I am pleading guilty. I also h o w hat if I answer

falsely,under oath, and in the presence ofmy attorney, my answerscouldbe used against me

in a prosecution for perjury or false statement.

5. I am not under the influence of alcohol or drugs. I am not suffering h m ny

injury, illness or disability affectingmy thinkkg or my abilityto reason. I have not takenany

drugsormedicationswithin the past seven(7) ays except as follows: Methadone.

6. I understand that conviction of a crimecanresult in consequencesin addition to

imprisonment. Suchconsequences include deportation, or removal Eom theUnited States, or

denial of naturalization,if I am not a United Statescitizen; loss ofeligibilityto receive federal

benefits; loss of certain civil rights (which may be temporary or permanent depending on

applicable state or federal law), such as the right tovote, tohold public office, and topossess

- PETITION TO ENTER PLEA OF GUILTY



a firearm; and loss of the privilege to engage in certain occupations licensed by the state or

federal government.

7. I know that I may plead"NOT UIL,TY" to any crime charged againstme and

that I may persist in that plea if it has already been made. I know that if 1plead 'WOT

GUILTY" the Constitution guarantees me:

a. The right to a speedy andpublic trial by jury, during which

1will be-presumed to be innocent unless and until I am proven

guilty by the government beyond a reasonable doubt and by the

unanimous vote of twelvejurors;

b. The right to have the assistanceof an attorney at all stages

of the proceedings;

c. The right to use the power and process of the court to

compel the production of evidence, including the attendance of

witnesses inmy favor;

d. The right to see, hear, c d o n t , and cross-examine all

witnesses called to testiQ against me;

e. Theright to decide for myself whether to take the witness

stand and testifjr, and if I decide not to take the witness stand, I

understand that no inference of guilt may be drawn from this

decision; and

f. The rightnot to be compelled to incriminate myself.

8. I know that if I plead "GUILTY"there will beno rial before either ajudge or a

jury, and that I will notbeable to appeal fiom thejudge's denial of anypretrialmotionsI may

have filed concerningmattersor issuesnotrelated to the court's jurisdiction [see instructions].

9. In his case I am pleading"GUILTY" underRule 1 l(e)(l)(C). My attorneyhas

explainedthe effect of my plea under Rule 1 1(e)(l)(C) to be as follows:

My plea of guilty isunderRule 1 l(e)(l)(C); therefore, at the time of sentencing,

thejudgemust eitherimposethe specific sentenceagreedupon by theprosecutor

- PETITIONTO ENTER PLEA OF GUILTY



and me, or allowme to withdraw my plea.

10. I knowthe maximum sentence which can be imposed uponme or the crime(s)

towhich I am pleadingguilty is 20 imprisonment anda Fineof $25O,OOO. I lsoknow there is

amandatory minimum sentence of 5 years imprisonment.

11. I know that the judge, in addition to any other penalty, will order a special

assessment as providedby law in the amount of $1 00per count of conviction.

12. I know that if : am orderedto pay a fme, and I wilIfulIy r e h e to pay that fme,

1 can be returned to court, where the amount of the unpaid balance owed on the fine can be

substantially increased by the judge and I can be imprisoned for up to one year.

13. My attorneyhas discussedwith me the Federal. Sentencing Guidelines. I know The

Guidelines are advisory, not mandatory. I dso know the sentencing judge, n determining the

particular sentence to be imposed, must consider those factors set forth in Title 18, United States

Code,Section3553(a), including, but not limitedto:thenatureandcircumstancesoftheoffense,my

own history and characteristics, the goals of sentencing (punishment,deterrence, protection, and

rehabilitation),and the sentencingrange establishedby the advisoryGuidelines.If my attorney or

any other personhas calculatedaguidelinerange for me, I know that this is only advisory, and s

onlyoneof the factorsthat thejudge willconsider in making a finaldecisionas towhatsentencewill

be imposed.I alsoknow hatajudge may not imposeasentencegreaterthan the maximum sentence

referred to in paragraph (10) above.

14. I know fiom discussion with my attorney that, under the Federal Sentencing

GuideIines, i f I am sentencedtoprison I am not entitledtoparole. I will have to serve the h l l

sentence imposed except forany credit forgoodbehaviorthat I earn. I can earncredit forgood

Page4 - PETITIONTO ENTER PLEA OFGUILTY



behavior inprison at a rate of up to 54 days for eachyear of imprisonmentsaved. Credit for

good behavior does not apply to a sentence of one year or less.

15. Iknowthat ifI amsentencedtoprison, thejudge will imposea termofsupervised

release to folrow the prison sentence. During my supervised release term I will be supervised

by aprobationofficeraccordingto terms andconditionsset by thejudge. Inmy case,a term of

supervised releasecanbe 3 to 5 years. I f1 violate the conditions of supervisedrelease, I may

be sent back to prison for up to 3 years.

16. I know that in addition to or in lieu of any other penalty, the judge can order

restitution payments to any victim of any offense towhich I plead guilty. I a m also idormed

that, for certaincrimesofviolence andcrimes involvingh u dordeceit,it ismandatory that the

judge imposerestitutionin the full amount of any financial loss orh am causedby an offense.

If imposed, the victim can use the order of restitution to obtain a civil judgment lielz A

restitutionorder can be enforcedby theUnited States forup totwenty 20)years fiomthe date

of myrelease fkom imprisonment, or, if I am not imprisoned, twenty (20)years fkom the date

of the entry of judgment. If I wilIfuIly refuse to pay restitution as ordered, a judge may

resentenceme to any sentencewhich could originally have been imposed.

17. On any fine or restitution in anamount of $2,500 or more, I know that I will be

requiredtopay interest unless that fineor restitution is paid within fifteen (15) days 5om the

date of he entry ofjudgment.

18 . If 1am on probation, parole, or supervisedrelease in any other state,or federal

case, I know that bypleading@ty inthiscourtmyprobation,paroleor supervised releasemay

be revokedand I may be required to servetime in that case,whichmay be consecutive, that is,

Page5 - PETITIONTO ENTER PLEA OF GUILTY



in addition to any sentence imposed onme in thiscourt.

19, I f I have another case pending in any state or federal court, I know that my

Petition and Plea Agreement in this case do not, in the absence of an express and written

agreement, apply to my other case(s), and that I canbe faced with consecutive sentences of

imprisonment.

20. My plea of "GUILTY"is based on a PleaAgreementthat I have madew i ~he

prosecutor. ThatPleaAgreement is attached heretoandincorporatedherein. I have read orhad

read tome the Plea Agreement, and ImderstandthePleaAgreement.

21. The Plea Agreement contains the only agreement between the United States

government andme. No officeror agent of any branch of government (federal, state or local)

or anyone else has promised or suggested that Iwill receive a lesser term of imprisonment,or

probation, or any other form of leniency if I plead "GUILTY" xcept as stated in the Plea

Agreement. I understand that I cannot rely on any promise or suggestion made to me by a

government agent or oficerwhich is notstated inwriting in the PleaAgreement, or wbch is

not presented to the judge inmy presence in open court at the time of the entry of my plea of

guilly.

22. My pIea of "GUILTY" is not the result of force,h a t , or intimidation.

23. I hereby request that thejudge acceptm y pIea of "GUILTY"to Counts 1 and 2

of the Information.

24. 1h o w hatthejudge mustbe satisfiedthat a crime -occurredandthat1committed

that crime before my plea of"GUILTY"can be accepted. With respect to the charge(s) to

whichIam pleadingguilty, 1represent that I did the followingacts and hat the following facts

-PETITIONTO ENTER PLEA OF GUILTY



are true:

On or about October 28, 1996, in the District of Oregon, I knowing and maliciously

attempted to damage or destroy, by means of fire, a building located at 610 North

SantiamHighway, Detroit, Oregon, nd did maliciouslyand destroy,by meansof we,

a 1992Ford pick-up, bothofwhichwere ownedby the United States Forest service, an

agency of the UnitedStates.

25. I offer myplea of "GULTY"fieeIy andvoluntarily and ofmy own accord and

witha fullunderstandingofthe allegations set forth inthe Indictment or Information,andwith

a full understanding of the statements set forth in t h i s Petition and in the Certificate of my

attorney that is attached to this Petition.

SIGNED by me inthepresence ofmy attorney, after reading (or havinghad readto me)

allof the foregoingpages and paragraphs of this Petition on this 26* day ofOctober,2007.

- PETITIONTOENTER PLEA O F GUILTY



CERTIFXCATE OF COUNSEL

Theundersigned,as attorney for defendant JacobJeremiahFerguson, hereby certifies:

1. I have fully explained to the defendant the allegations wntained in the

Information inthis case, any lesser-included offense(s), and the possibledefenseswhich may

apply in this case.

2. I have personally examined the attached Petition To Enter Plea of GuiltyAnd

OrderEnteringPlea, explained a11 itsprovisions to the defendant,and discussed fullywith the

defendant al lmatters described and referred to in the Petition.

3. I have explainedtothe defendantthemaximum penalty and otherconsequences

of entering a plea of guilty described in paragraphs (6)-(20)of the Petition, and I have also

explained tothe defendantthe applicableFederal SentencingGuidelines.

4. I recommend that the Court accept the defendant's plea of "GUILTY."

SIGNEDby mein he presence of the above-nameddefendant,and afterfulldiscussion

with the defendant of the contents of the Petition To Enter Plea of Guilty, and any Plea

Agreement,onthis 26' day of October, 2007.

- CERTIFICATEOF COUNSEL



ORDER ENTERING PLEA

I findthatthe defendant's pleaofGUILTY has beenmade fieelyandvoluntarilyand not

outof ignorance, fear, inadvertence,orcoercion. I fixrther fm d thedefendanthasadmitted facts

thatproveeachofthenecessary elements ofthe crimes to which the defendanthas pled guilty.

IT IS THEREFORE ORDERJZD that the defendant'spleaofGUILTY be acceptedand

entered as requested in this Petition and as recommended in the Certificate of defendant's

attorney.

DATED this 26h of October,2007, n open court.

ANNAKEN

Judge, U.S. DistrictCourt

Page9 - ORDER ENTERING PLEA



KARTN . IMMERGUT,OSB #96314

United States Attomey

District of Oregon

KIRK A. ENGDALL,OSB# 1215

Assistant United StatesAttorney

701 High StreetEugene,Oregon 97401(5.41)465-6771

kirk.enerdall@usdoi,mv

INTHEUNITED STATES DISTRICT COURT

FOR THEDISTRICTOF OREGON

UNITED STATESOF AMERICA, 1) caseNO. R 04 * 6608FAA

Plaintiff, 11 A G R E E M E N Tv. 1

1JACOB JEREMIAH FERGUSON, 1

1Defendant. 1

Karin J. Immergut, United StatesAttorney for the district of Oregon, and Kirk A.

Engdall, AssistantUnited StatesAttorney, and Jacob Jeremiah Ferguson, by himself and through

his attorney,Edmund J. Spinney,hereby enter into the following agreement, based upon the

understandingsand premises set forth below.

Mr. Fergusonagrees to enter aplea of guilty to both counts of the attached Information

charging him withthe

attempted arson of the Detroit Ranger Station and the arsonof heUnited

States Forest Servicevehicle located at the Detroit Ranger Station, both of which occurred on

October 28,1996, in violation of 18 United States Code, Section 844(f)(1). The maximum

Page 1of9



penalty for each of these offenses is 20years mprisonment, including a five year mandatory

minimum sentence, a fine of $250,000, $200 fee assessment, and a three year period of

supervised release.

2.

The parties stipulate and agree hat the November 5,2003 version of the United States

SentencingGuidelinesmanualwill be used in this case, thatU.S.S.G.2K1.4(a)(l)(B) (Arson)

is the applicable guideline section,and that the base offense level under that sectionwill be level

24,because the event involved the destruction or attempteddestruction of a government facility.

Because ofMr. Ferguson's willhgnessto enter a plea of guilty, and so long ashe commits no

new criminal offenses,doesnot obstruct or attempt to obstructjustice, does not otherwise

commit an act or acts inconsistent with the acceptance of responsibility, and that he pay the fee

assessment prior to sentencing inthis matter, the United States agrees to recommend that he

receive a three-Ievel reduction inhis base offense level for acceptanceof responsibility pursuatlt

toU.S.S.G.3El. l . The United Stateswill also recommend that Mr. Ferguson be sentenced at

the low end of the appropriate guideline range as ultimately determinedby the Cowt and t . o

fine or restitutionwill be imposed. Mr. Ferguson will be required to pay the necessary fee

assessments.

Mr. Fetrguson's guiltyplea will be pursuant to theFederal Rule ofProcedure 1 (c)(l)(C).

Therefore, if the court a p e s o acceptMr. Ferguson'sguilty plea, the courtwill be bound to

impose the sentence mommended by this agreement.

3.

The United States Attorney's Office for theDistrict ofOregonagrees it will bring no

Page2 f9



additional chargesagainst Mr. Ferguson for those criminal offenses committed in the District of

Oregon including but not limited to those offenses Iisted in paragraph 9 below.

4.

Mr. Ferguson freely, voluntarily, knowingly and intelligently waives: (1 ) any rights to

appeal or collaterallyattackhis conviction and sentence in connectionwith this case, with the

exception of ineffective assistance ofcounsel or retroactive amendments to the United States

sentencing guidelines, (2) any rights which he mayhave underBlakly v. Washington, 004W L

1402697 (June 24,2004), and (3) a sentencing jury. He further agrees to have any sentencing

issues determinedby thesentencing udge in this case.

5.

Mr. Ferguson has expressed a desire to continue to cooperate in the investigation and

prosecutionofotherswho are involved in the commission of criminal acts, including but not

limited to arson and related type activities. As part of this agreement, Mr. Ferguson agrees to

meet with any and all members of requesting federal, state and local law enforcementagencies or

offices, or otherpersons hey designate at any reasonable times and places and to fullyapd

compIetely cooperate with said agencies or offices by accurately and truthfullydisdosing all

information he h o w s concemhg the above matters and all other matters related thereto, whether

federal, state or local.

Mr. Fergusonunderstands he will be required to Mly, honestly, truthfullyand completely

disclose all of the knowledge he has concerning all violations of federal and state laws and all

persons nvolved in thoseviolations. He must disclose the existenceofany records, documents

or other evidence that would corroborate his testimonyorwould furtherthe investigation. W e

Page 3 of 9



must assist the investigationby providingthoserecords,documentsor other evidence thatare

within his control or the controlof a third party, or do anything requested to aid in obtainingsuch

records. He also agrees to testify fully, honestly, truthfullyand completely at any trial, hearings

or proceedings, either state or federal, upon request.

6 .

Mr. Ferguson agrees to neitherprotect nor attempttoprotect anypersonbywithholding

information orby providing false information, nor to faIsely implicateany person.. Mr. Ferguson

may be asked by the government to contactpersons known o him tobe involved in criminal acts,

including arson or related type activity. He agreeshe will not take any actionwithout the prior

express knowledge and approval of the law enforcementofficers with whom he i s working. Mi-.

Ferguson agrees that the United Statesmay confirm the accuracy ofany nformation which he

provides under the terms ofthis agreementby use ofany nvestigativemeans which it deems

appropriate and necessaryandthat hewill fully cooperate with all efforts to verify that any

information he provides under this agrmnent is truthfid md complete. As part ofthisprocess, n

the sole discretion of heUnited States,Mr.Fergusonmay be asked to submit to a polygraph

examination to verify any informationwhichhe may provide to the United States. Neitherparty

shall object to the admissibilityin evidenceof he resultsof such examination in anyproceeding

to enforce or set aside this agreement in which compliancewith the terms of this agreement are

inissue. If Mr. Fergusondisagrees with the results ofthe polygraph, he may submit the results to

an examiner ofhis choice at his own expense.

Should the defendant intentionallyprovide a false material statementto the government

on any matters concerninghis cooperation, he will be deemed to have breached this agreement

Page 4 of9



andhe understands the United Stateswill not move for a downward departure fiom his guideline

sentence in exchange forhis cooperationas agreed toin paragraph9 below. Mr. Ferguson also

understands he would not be able to withdraw his guiltyplea should this occur.

Mr. Ferguson understands that theUnited StatesofAmerica will not tolerateany further

violations of law, federal, state or local, and should any violations become h o w n , they will be

made known o the appropriate authorities. Nothing in this'agreement will preclude prosecution

of Mr. Fergusonby hose authorities for suchviolations. Mr. Ferguson understands that nothing

in this agreement will prevent theUnitedStates fiom institutingprosecutionagainsthim for

perjury, subomationofperjury, fahe statements or fake declarationsifhe cornmits or causes the

commission of any such offense in connectionwith his testimony eferred to above given after

the date of this agreement.

8.

In addition to the non-prosecution agreementsas set forthinparagraph 9 of his

agreement, any statementsmade by Mr. Fergusonunder the terms of this agreementwill be

deemed as ifmade under 'bse immunity" as definedunder Title 18, United StatesCode, Section

6001, et seq. Mr. Ferguson understands and agrees that any rights and benefits he may have as a

result of this agreement and any immunity conferred upon him shallnot extend toany crimes

beyond those criminal offenses enumeratedin paragraph 9 below.

9.

IfMr. Ferguson fullyperforms his obligationsmder the terms of this agreement,at the

time of sentencing,and ifappropriate thereafter,under U.S.SG. 5 5Kl.1 and/orRule 35(b)0f the

Page 5 of9



FederalRules ofCriminalProcedm, the United State's Attorney's Office for the District of

Oregonagrees t will file a motion for adownward departure for substantialassistance to the

extentnecessary tobring Mr. Ferguson's total offense level to ZoneA of the sentencing

guidelines. The United Stateswill aIso recommend that sentence be mposed at the low endof

the resdting guidelinerange.

As evidenced by the letters attached to this agreement, the United States and the specified

state and local jurisdictions also agree to bxing no additional chargesagainst Mr. Ferguson for

offenses related to the followingcriminal events:

a. An arson hat occurred at J.E. Harl FineFashion and Furs, 1426 S. Main, Walnut

Creek, ContraCostaCounty, California, in the NorthernDistrict of Califomia,on

or about April 14,1998.

b. An rson that occurred at the Redwood Coast TruckingCompany, 210Peninsula

Drive, Arcata, California, in theNorthernDistrict ofCalifornia, on or about

September 20,1998.

c. An arson that occurred at theHouse of Furs, 2727 Capitol Ave., Sacramento,

SacramentoCounty,California, in theEasternDistrict of California,on or about

May 10,1998.

d. An arsonthatoccurred at theAnimalDamage Control (ADC), Field Office, 720

O'Leary Rd. N.W., Olympia, TbustonCounty,Washington, in the Western

DistrictofWashington, on orabout June 21,1998.

e. An arson that occurred at the APHlS W ildlifeResearch Center, 9701 BIomberg

St. S. W., lympia, Thurston County, Washington, in the Westem Districtof

Page 6 of 9



Washington, on or about June 21,1998.

A horse release and attemptedarson at the U.S.Bureau of Land Management

Wild HorseCorral,Rock Springs,SweetwaterCounty,Wyoming, in theDistrict

ofWyoming, on or aboutOctober 11, 1998.

An arson that occurred at the Vail SkiResort, Vail, Eagle County,Colorado, in

the DistrictofColorado, onor about October 19,1998.

An arson at U. S. Forest Industries, 2611 Whittle Ave., Medford, Jackson County,

Oregon, in the District ofOregon,on or about December 27, 1998.

An m on at the ChildersMeat Company,29476 Airport Road, Eugene,Lane

County,Oregon, in the District of Oregon, on or aboutMay 9,1999.

An arson at the West UniversityEugenePolice Substation, 716 E. 13th Eugene,

Lane County, Oregon,in the District ofOregononor about September6,2000.

An arson at the Joe Romania C hewle t Dealership, 1425 Walnut St., Eugene,

Lane County, Oregon, in the District ofOregon,where approximately37 sports

utiIity vehicles were burned onor about March 30,2001.

An arson at the Boise Cascade Corporate Offices, 450N. Pacific Ave.,

Monmouth, Polk County,Oregon, in the District ofOregon, on or about

December 25,1999.

An arson at the SuperiorLumber Company offkes, 2695 Glendale Valley Rd.,

Glendale, Douglas County,Oregon, n the District ofOregon,onor about January

2,2001.

An arson at the Jefferson Poplar F m s , 79114 Collins Rd., CIatskanie, Columbia

Page 7of 10



County, Oregon, in the District af Oregon,onor aboutMay 21,2001.

o. An arson that occurrcdat the U. .Forest Service OakridgeRanger Station, 46375

Hwy. 58, W e s ~ r ,ane County, Oregon, in the District of Oregon,onor about

October 30,1996.

p. An arson that occwred at Cave1 West, 1607 S. E. Railroad, Redmond, Deschutes

County,Oregon, in the District of Oregon,on orabout July 21,1997.

q. An arson and horse release that occurredat theU. . Bureau of Land Management

Wild Horse Corral,Bums,Harney County,Oregon, in the DistrictofOregon, on

or about November 30,1997.

r. An arson that occurred at Wildlife Phamzaceuticals, 1401DufTDr., Fort Collins,

Larimer County, Colorado, in the District of Colorado,on or about August 17,

1997.

s. The removal of47dogs fiomBio Devices,City ofOrange, Californiaon orabout

August 28,1999.

t. The releaseofmink at the Palmer Mink Fann, Preston, Idaho, on or about October

6,1997.

10.

Should Mr. Fergusonbreach this agreementatany ime, itwill be deemednull and void

and both parties may proceed as if it had not existed. In the eventthe agreement isbreached, the

United Statesmayuse any statement made by Mr. Ferguson to any officer, agentor attorney of

the United States or any state or to any federal or state grand wy inany prosecution whichmay

.bebrought against him.

Page 8 of 10



11.

Mr.Ferguson understands that theUnited States will fully inform the Court andUnited

States ProbationOffice of all known infomation concaningMr.Ferguson and his offenses for

purposes of sentencing.

12.

This agreement sets out the entire agreementbetween the parties. There are no other

promises, either express or implied,than hose set forth above. Mr. Ferguson fi,uther

acknowledgesthat no hreats have been made against him by anyone n order to obtain his

cooperation and signature to this agreement. Mr. Ferguson also understandsthat thebenefits of

this agreement, as more particuIarly described above, are solely dependent uponwhether he uses

hisbest efforts in cooperating with the agenciesand officesreferred to above and are not

dependent, n whole or in part, onwhether the United States is able to obtain any ndictments or

convictions ofpersons involved in arson and/ordomestic terrorism related activities.

KARTN J. IMhlERGUT

United States Attorney

K ~ R K. ENG$ALL 'AssistantUnited States Attorney

Page 9 of 10



T HAVEREADTIXISAGREE1MENT CAREFULLY AND REVIEWEDEVERYPARTOF ITWITH MY ATTORNEY. I UNDERSTANDTHEAGREEMENTAND

FREELY AND VOLUNTARILY AGREE TO TSTERMS.

I M PR ESE NT DEFENDANTASHIS LEGAL COUNSEL. I HAVECAREFULLY REVIEWED EVERY PART OF THISAGREEMENTWITHHIM. TO

MY KNOWLEDGE, TH E DECISIONBYHIM TOENTER INTO THlSAGREEMENTISAN NFORMED AND VOLUNTARY ONE.

Page 10 of 10



US.Departmentof JusticeKarin J. lmmegutUnited States AtfomeyDistrict of Oregon701High Street Office: (547) 465-6771

Eugene, OR 97407 Fax: (540 65-6582

September 10,2004

AUSA Brian Stretch

Chief of Violent Crimes

Northern District of California

450 Golden Gate Avenue

San Francisco,CA 94102

Re: Jacob Jeremiah Ferguson

Dear Mr. Stretch:

This letter is in regard to our conversationconcerningthe potential prosecutionbyyour

officeof Jacob Jeremiah Ferguson,for offensesarising outof the arson that occurredat J.E.Harl Fine Fashion and Furs, 1426 S. Main Street, Walnut Creek, Contra Costa County,

California, on or about April 14, 1998; and the arson that occurred at the Redwood Coast

Trucking Company, 2210 Peninsula Drive, Arcata, California on or about September 20,

1998.

In our conversation you advisedme that if Mr. Ferguson enters a plea of guilty to one

count of arson in the District of Oregon in Federal Court pursuant to the terms of the

cooperation agreement, your office might be willing to forego prosecution of him for thesematters. By this letter, Iam requesting confirmation as to whether charges would be filed.

If there isany additional nformation you would likeme to provide, please letme know.Ican be reachedat 541465-6946. Thank you for your considerationof and assistance with

this matter.

Very truly yours,

KARIN J. IMMERGUT

United States Attorney

District of Oregon

ma44Assistant UnitedStates Attorney



Page 2 of 2

IfJacob Jeremiah Ferguson enters a plea of guilty to a federal felony arson charge

in the district of Oregon in accordance with the terms of the cooperation agreementbetween AUSA Kirk A, Engdall, Jacob Jeremiah Ferguson and his attorney EdmundSpinney, this of ice agrees it will not file charges against Mr. Ferguson for his actions in

connection with the arson that occurred at J.E. Harl Fine Fashion and Furs, 1426 S. MainStreet, Walnut Creek, Contra Costa County,California, on or aboutApril 14,7998;and thearson that occurred at the Redwood Coast Trucking Company, 2210 Peninsula Drive,

Arcata, California on or about September 20, 1998.

- /+ 0 y

Date

Chief of Violent Crimes



U.S. Department of JusticeKarin J. ImmergufUnited States AttorneyDjstnct of Oregon701 High Street Office: 541) 465-6771Eugene, OR 9740f Fax: (54f) 465-6582

September 90,2004

AUSA Ken MelikianEastern District of California501 [ Street, 19'~ loorSacramento, CA 958 4


DearMr. Melikian:

This letter is in regard to our conversationconcerning hepotentialprosecution by youroffice of Jacob Jeremiah Ferguson,or offenses arising out of the arson that occurred at theHouse of Furs, 2727 Capitol Avenue, Sacramento, Sacramento County, California on orabout May 10,1998.

In our conversation you advisedme that if Mr. Ferguson enters a plea of guilty to onecount of arson in the District of Oregon in Federal Court pursuant to the terms of thecooperation agreement, your office might be willing to forego prosecution of him for these

matters. By this letter, I am requestingconfirmation as to whether charges would be filed.

I f there is any additional information you would like me to provide,please letmeknow.I can be reached at 541-465-6946. Thank you for your consideration of and assistance with

this matter.

Very truly yours,

KARIN J. IMMERGUTUnited States Attomey

District of Oregon

KIRK A. ENGDALLAssistant United States Attorney



Page 2 of 2

If Jacob Jeremiah Ferguson enters a plea of guilty to a federal felony arson chargein the district of Oregon in accordance with the terms of the cooperation agreement

between AUSA -Kirk A, Engdall, Jacob Jeremiah Ferguson and his attorney EdmundSpinney, this office agrees it will not file charges against Mr. Ferguson for his actions in

connection with the arson that occurred at the House of Furs, 2727 Capitol Avenue,Sacramento, Sacramento County, California on or about May 10, 1998.

v,, ,,*Date

Assistant U.S.Attorney

Eastern District of California



US . Department of JusticeKarin J. ImmergutUnited States AttorneyDistricf of Oregon

701 High Street Ofice: (541) 4656771Eugene, OR 97401 Fax: (541)465-6582

AUSA Andrew FriedmanWestern District of Washington601 Union StreetSeattle, WA 98101-3903

September 10,2004


Dear Mr. Friedman:

This letter is in regard to our conversation concerningthepotential prosecution by youroffice of Jacob Jeremiah Ferguson, for offenses arising out of the arson that occurred at theAnimalDamageControl (ADC), FieldOffice,720O'Leary Rd. NW.,Olympia, Washington, on

or about June 21,1998; and the arson that occurred at the APHIS Wildlife Research Center,9701 Blomberg St S.W., Olympia, Washington, on or about June 21, 1998.

In our conversation you advised me that ifMr. Ferguson enters a plea of guilty to onecount of arson in the District of Oregon in Federal Court pursuant to the terms of thecooperation agreement, your office might be willing to forego prosecution of him for thesematters. By this letter, I am requesting confirmation as to whether charges would be filed.

If there is any additional information youwould like me o provide, please letme know.1 can be reached at 541-465-6946. Thank you for your consideration of and assistance withthis matter.

Very truly yours,

KARIN J. IMMERGUT

United States AttorneyDistrict of Oregon




Page 2 of 2

If Jacob Jeremiah Ferguson enters a plea of guilty to a federal felony arson chargein the district of Oregon in accordance with the terms of the cooperation agreementbetween AUSA Kirk A, Engdall, Jacob Jeremiah Ferguson and his attorney EdmundSpinney, this office agrees it will not file charges against Mr. Ferguson for his actions in

connectionwith the arson that occurred at the Animal Damage Control (ADC), FieldOffice,720 O'Leary Rd. NW., Olympia, Washington, on or about June 21, 799%;and the arson

that occurred at the APHIS Wildlife Research Center, 9701 Blomberg St S.W., Olympia,

Washington, on or about June 21,1998.

Assistant US. AttorneyWestern District of Washington



U.S.Departmentof Justice

Karin J. lmmergutUnited SfatesAttorneyDistrict of Oregon701 High Streef OtTce: (541) 465-6771

Eugene, OR 97401 Fax: (547) 465-6582

September 10,2004

Deputy County Prosecutor Jack JonesThurston County Prosecutor's Office2000 Lakeridge Drive, S.W.Olympia, WA 98502

Re: Jacob Jeremiah Ferguson_ - . I

Dear Mr. Jones:

This letter s in regard to our conversation concerning the potentialprosecution byyour

o f k e of Jacob Jeremiah Ferguson,for offenses arising out of the arson that occurred at the

Animal Damage Control (ADC), Field Office, 720 O'Leary Rd. N.W., Olympia, Washington,

on or about June 21, 1998; and the arson that occurred at the APHIS Wildlife ResearchCenter, 9701 Blomberg St. S.W. Olympia, Washington, onor about June 21, 998.

Inourconversation you advised me that if Mr. Ferguson enters a plea of guilty to onecount of arson in the District of Oregon in Federal Court pursuant to the terms of the

cooperation agreement, your office might bewilling to forego prosecutionof him for these

matters. By this letter, I am requesting confirmation as to whether charges would be filed.

Ifthere isany additional nformation you would likeme to provide, please let me know.Ican be reached at 541-465-6946. Thank you for your consideration of and assistancewith

this matter.

Very truly yours,

KARIN J. IMMERGUTUnited States Attorney

District of Oregon

Assistant United States Attorney



Page 2 of 2

If Jacob Jeremiah Fergusonentersa pleaof guilty to a federal felony arson chargein the district of Oregon in accordance with the terms of the cooperation agreementbetween AUSA Kirk A, Engdall, Jacob Jeremiah Ferguson and his attorney EdmundSpinney, this ofice agrees it wilt not file charges against Mr. Ferguson for his actions inconnectionwith the arson that occurred at the Animal Damage Control (ADC), FieldOffice,720 O'Leary Rd. N.W., Olympia, Washington, on or about June 21, 1998; and the arsonthat occurred at the APHIS Wildlife ResearchCenter, 9701 BlombergSt. S.W. Olympia,Washington, on or about June 21, 1998.

Date



U.S.Department of Justice

Karin J. lmmergutUnited States Attorney

District of Oregon

701 High Street mce: (541) 465-6771Eugene, OR 740f Fax; (541) 465-6582

September 10,2004

AUSA Thomas O'RourkeDistrict of Colorado

1225 17 Street, Suite 700

Denver,CO 80202


D e a iMr. O'Rourke:

This letter is in regard to our conversation concerning hepotential prosecution byyour

officeofJacobJeremiah Ferguson,foroffensesarisingoutof thearsonatthevailSki Resort,

Vail, Colorado on or about October 79, 1998, and an arson that occurred at WildlifePharmaceuticals,1401 DufFDrive,Fort Collins, LarimerCounty,Colorado,onor aboutAugust

17, 1997.

In ourconversation you advised me that if Mr. Fergusonenters a plea of guilty to one

count of arson in the District of Oregon in Federal Court pursuant to th e terms of the

cooperationagreement, your of ice might bewilling to forego prosecution of him for thesematters. By this letter, 1 am requesting confirmation as to whether charges would be fe d .

If there isany additional information you would like me to provide, please let meknow.

I can be reached at 541465-6946. Thank you for your consideration ofand assistance withthis matter.

Very truly yours,

KARIN J. IMMERGUTUnited States AttorneyDistrictof Oregon




Page 2 of 2

If Jacob Jeremiah Ferguson enters a plea of guilty to a federal felony arson chargein the district of Oregon in accordance with the terms of the cooperation agreement

between AUSA Kirk A, Engdall, Jacob Jeremiah Ferguson and his attorney EdmundSpinney, this office agrees it will not file charges against Mr. Ferguson for his actions inconnectionwith arson at the Vail Ski Resort, Vail, Colorado on or about October 19,1998,and an arson that occurred at Wildlife Pharmaceuticals, 1401 Duff Drive, Fort Collins,

bout August 17,1997.

Assistant U.S. ttorneyDistrict of colorado



U.S.Departmentof JusticeKarin J. immeyutUnited StatesAttorneyDistrict of Oregon707 High Street CMce: (541) 465-6771Eugene, OR 97407 Fax: (541) 465-6582

September 10,2004

The Honorable Mark D. Huddleston

Jackson County DistrictAttorneyJackson County District Attorney's Office

715 West I th Street

Medford, OR 97501


Dear Mr. Huddleston:

This letter is in regardto ourconversationconcerning hepotentialprosecution by youroffice of Jacob Jeremiah Ferguson, for offenses arising out of the arson at US Forest

Industries, 2611Whittle Ave., Medford, Oregon, onor about December 27, 1998.

In ourconversation you advised me that if Mr. Fergusonenters a plea of guilty to onecount of arson in the District of Oregon in Federal Court pursuant to the terms of the

cooperation agreement, your office might be willing to forego prosecution of him for these

matters. By this letter, Iam requesting confirmation as to whether charges would be filed.

If there is any additional information you would like me to provide, please le t me know.I can be reached at 541-465-6946. Thank you for your consideration of andassistancewith

this matter.

Very truly yours,


District of Oregon

KIRK A. ENGDALfAssistant United States Attorney



Page 2 of 2

If Jacob Jeremiah Ferguson enters a plea of guilty to a federal felony arson chargein the district of Oregon in accordance with the terms of the cooperation agreementbetween AUSA Kirk A, Engdall, Jacob Jeremiah Ferguson and his attorney EdrnundSpinney, this office agrees itwill not file charges against Mr. Ferguson or his actions in

connection with arson at USForest Industries,2611 Whittle Ave., Medford,Oregon, on or

about December 27, 1998.

Jackson County DistrictAttorney



U.S. Department of JusticeKarin J. lmrnergufUnited StatesAttorneyDistrict of Oregon701 High Sfreet Office: (541) 465-6777

Eugene, OR 97401 Fax: (541) 465-6582

September 10,2004

The HonorableAlexander R. GardnerLane County District Attorney

Lane County District Attorney's Office

125E. 8'h Avenue, Room400Eugene, OR 97401

Re: Jacob Jeremiah Fetguson

Dear Mr. Gardner:

This letter is in regard to our conversation concerning the potential prosecution by

your omce of Jacob Jeremiah Ferguson. for offenses arising out of the arson at ChildersMeat Company,29476 Airport Road, Eugene,Oregon 97402on or about May 9,1999; the

arson at theWest UniversityEugenePoliceSubstation,716 E. 13th,Eugene, Oregon, on or

about September6,2000; and thearson at Joe Romania Chevrolet Dealership,1425Walnut

St., Eugene, Oregon, where approximately 37sportsutilityvehicleswere burned on orabout

March30,2001.

In our conversation you advisedme that if Mr. Ferguson enters a pleaof guilty to onecount of arson in the District of Oregon in Federal Court pursuant to the terms of the

cooperation agreement, your ofice might be willing to forego prosecution of him for these


If there is any additional information you would like me to provide, please let meknow. 1 can be reached at 541-465-6946. Thank you for your consideration of andassistancewith this matter.

I I Very truly yours,


District of Oregon

KIRK A. ENGDALI' Assistant United States Attorney



Page2 of 2

If Jacob Jeremiah Fergusonenters a plea of guilty to a federal felony arson chargein the district of Oregon in accordance with the terms of the cooperation agreementbetween AUSA Kirk A, Engdall, Jacob Jeremiah Ferguson and his attorney EdmundSpinney, this office agrees it will not file charges against Mr. Ferguson for his actions in

connection with the arson at Childers Meat Company, 29476 Airport Road, Eugene,Oregon 97402on or about May 9,1999; the arson at the West University Eugene PoliceSubstation, 716 E. I th, ugene, Oregon, on or about September 6,2000; and the arson

at Joe Romania Chevrolet Dealership, 1425 Walnut St., Eugene, Oregon, whereapproximately 37 sports utility vehicles were burned on or about March 30, 2001.

ALEXANDER R. GARDNERLane County District Attorney

Date



U.S. Department of Justice

Karin J. immergufUnifed StatesAttorneyDistrict of Oregon701 High Street ofice: (541) 465-6771Eugene,OR 97401 Fax: (547) 465-6582- -

September 10,2004

The Honorable John W. Fisher

Polk County District Attorney

Polk County District Attorney's Office850 Main Street

Dallas, OR 97338

Re: Jacob Jeremiah Ferguson,

DearMr. Fisher:

This letter s in regardto our conversation concerning the potential prosecutionby your

office of Jacob Jeremiah Ferguson, for offenses arising out of the arson of Boise CascadeCorporate Offces, 450 N. Pacific Ave., Monrnouth, Polk County, Oregon, on or aboutDecember 25, 1999.

In our conversation you advised me that if Mr. Ferguson enters a plea of guilty to onecount of arson in the District of Oregon in Federal Court pursuant to the terms of thecooperation agreement. your office might be willing to forego prosecution of him for thesematters. By this letter, I am requesting confirmation as to whether charges would be filed.

If there isany additional information you would likeme to provide, please letme know.I can be reachedat 541-465-6946. Thank you'foryour considerationof and assistance with

this matter.

Very truly yours,


District of Oregon




Page 2 of 2

If Jacob Jeremiah Fergusonenters a plea of guilty to a federal felony arson chargein the ,district of Oregon in accordance with the terms of the cooperation agreementbetween AUSA Kirk A, Engdall, Jacob Jeremiah Ferguson and his attorney EdmundSpinney, this office agrees it will not file charges against Mr. Ferguson for his actions inconnection with the arson of Boise Cascade Corporate Offices, 450 N. Pacific Ave.,Monrnouth, Polk County, gregon, on or about December 25,1999.

I3 6EP 0 4

JOHN W. FISHEH Date

Polk County ~is t r ic t~_fJbrnq



U.S. Department of JusticeKarin J. lmmergutUnited StafesAttorneyDjstnct of Oregon701 High Street Ofice: (541) 4656771

€ugen& OR 7401 Fax: (541) 65-6582

September 10,2004

The HonorableJack L. Banta

Douglas County District Attorney

Douglas County District Attorney's OfficeP.O. ox I006

Roseburg,OR 97470

Re: Jacob Jeremiah FergusonI

Dear Mr. Banta:

This letteris n regardtoour conversation concerningthepotential prosecutionbyyourofice of Jacob Jeremiah Ferguson,for offenses arising outof the arson at Superior LumberCompany offices, 2695 Glendale Valley Rd., Glendale, Oregon,onor about January2,2001.

In our conversationyou advised me that if Mr. Fergusonenters a plea of guilty to one

count of arson in the District of Oregon in Federal Court pursuant to the terms of the



If there isany additional nformation you would like me to provide, please let me know.

1 can be reachedat 541-465-6946. Thankyou for your consideration of andassistance with

this matter.

Very truly yours,


District of Oregon

KIRK A. ENGDALLAssistant United StatesAttorney



Page 2 of 2

If Jacob Jeremiah Ferguson enters a plea of guilty to a federal felony arson chargein th e district of Oregon in accordance with the terms of the cooperation agreementbetween AUSA Kirk A, Engdall, Jacob Jeremiah Ferguson and his attorney EdmundSpinney, this offtce agrees it will not file charges against Mr. Ferguson for his actions in

connectionwjth thearsonatSuperiorLumber Company offices,2695Glendale ValleyRd.,Glendale, Oregon, on or about January 2,2001.

/ Douglas County DistrictAttorney



US . Department of JusticeKarin J. immergutUnited SatesAttorney

District of Oregon707 High Street Ofice: (54 7) 465-6771

Eugene, OR 7401 Fax: (541) 465-6582

September 10,2004

The Honorable StephenAtchisonColumbia County DistrictAttorneyColumbiaCounty District Attorney's Office230 Strand Street, Room328

St. Helens,OR 97051


Dear Mr. Atchison:

This letter Ps in regard o our conversation concerning he potential prosecutionbyyourofice of Jacob Jeremiah Ferguson, for offenses arising ou t of the arson at JeffersonPoplarFarms, 9114Collins Rd.,CIatskanie, Oregon,onor about May 21,2001.

Inour conversation you advised me that if Mr. Ferguson enters a pleaof guilty to onecount of arson in the District af Oregon in Federal Court pursuant to the terms of thecooperation agreement, your office might-bewilling to forego prosecution of him for thesematters. By his letter, I am requesting confirmation as to whether charges would be filed.

If there is any additional information you would like me to provide, please let me know.

1 can be reached at 541 465-6946. Thank you for your consideration of and assistance withthis matter.

Very truly yours,


District of Oregon

KIRK A. ENGDALL

Assistant United StatesAttorney



Page 2 of 2

If Jacob Jeremiah Ferguson enters a plea of guilty to a federal felony arson chargein the District of Oregon in accordance with the terms of the cooperation agreementbetween AUSA Kirk A, Engdall, Jacob Jeremiah Ferguson and his attorney EdmundSpinney, this office agrees it will not file charges against Mr. Ferguson for his actions in

connection with the arson at Jefferson Poplar Farms, 79114 Collins Rd., Clatskanie,

Oregon, on or about May 21,2001.

Columbia County District Attorney



September 10,2004

The Honorable Harold V. MoneyhunSweetwater County Attorney

731 C Street

Rock Springs, WY 82901


Dear Mr. Moneyhun:

This letter is in regard toour conversationconcerning thehorse release and attemptedarson at theBLM Wjld Horse Coral, RackSprings, Sweetwater County, Wyoming, on or about

October I , 998.

In our conversation you advised me hat ifMr. Ferguson enters a plea of guilty to onecount of arson in the District of Oregon in Federal Court pursuant to the terms of the

cooperation agreement, your office might be willing to forego prosecution of him for thesematters. By this letter, I am requesting confirmation as to whether charges would be filed.

If there is any additional information you would like me to provide,please letmeknow.

I can be reached at 541-465-6946. Thank you for your consideration of and assistance with

this matter.

Very truly yours,

KARIN J. IMMERGUT

United States AttorneyDistrict of Oregon

KIRK A. ENGDALL




SEP-18-2BW 09:17

Page 2 of 2

FBI EUGENE

IfJacob Jeremiah Ferguson enters a plea ofguilty to a federal felony arson chargein the district of Oregon in accordance with the terms of the cooperation agreement

between AUSA Kirk A, Engdall, Jacob Jeremiah Ferguson and his attorney EdmundSpinney, this office agrees it wilt not file charges against Mr. Ferguson for his actions inconnectionwith the offenses arising out: of the horse releaseand attempted arson at the

BLMWild HorseCoral,RockSprings, SweetwaterCounty,Wyoming, on orabout October11, 1998.

9/H/ySIGNATURE DATE

SWEETWATER COUNN ATTORNEY

TOTAL P .02



U.S. Departmentof JusticeKarin J. lmmergutUnited States AttorneyDistrict of Oregon701 High Street Office: (541) 465-6771Eugene, OR 7401 Fax: (54 ) 465-6582

September 10,2004

First Assistant U.S. Attorney John GreenDistrict of Wyoming

2120 Capitol Avenue, Room4002Cheyenne, WY 82001


Dear Mr. Green:

This letter is in regard to our conversation concerning the potential prosecutionbyyour

ofice of Jacob Jeremiah Ferguson, for offenses arising out of the horse release andattempted arson at BLM Wild Horse Corral, Rock Springs, Sweetwater County, Wyomingonor about October 11, 1998.

In our conversation you advised me that if Mr. Ferguson enters a plea of guilty to onecount of arson in the District of Oregon in Federal Court pursuant to the terms of the


matters. By his letter, Iam requesting confirmation as to whether charges would be filed.

Ifthere is any additional nformation youwould likeme to provide, please letmeknow.Ican be reached at 541-465-6946. Thank you for your considerationofand assistancewiththis matter.

Very truly yours,

KARINJ. IMMERGUT

United States AttorneyDistrictof Oregon

KIRK A. ENGDA~L




Page 2 of 2

If Jacob Jeremiah Ferguson enters a plea of guilty to a federal felony arson chargein the district of Oregon in accordance with the terms of the cooperation agreementbetween AUSA Kirk A, Engdall, Jacob Jeremiah Ferguson and his attorney EdmundSpinney, this office agrees it will not file charges against Mr. Ferguson for his actions inconnection with horse release and attempted arson at BLM Wild Horse Corral, RockSprings, Sweetwater County, Wyoming on or about October 11, 1998.

5 S e @yJOHN GREEN Date

First Assistant US.Attorney

Districtof Wyoming

ferguson plea petition

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