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Gerald M. Needham, OSB No. 96374 

Assistant Federal Public Defender 

101 SW Main Street, Suite 1700 

Portland, OR 97204-3228 

Tel: (503) 326-2123 

Fax: (503) 326-5524 

jerry_ needham@fd.org 

Attorney for Defendant 

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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

PORTLAND DIVISION 

UNITED STATES OF AMERICA, 

Plaintiff, 

vs. 

JASON MICHAEL KEATING, 

Defendant. 

The defendant represents to the Court: 

Case No. 3:14-cr-00282-KI -3 

PETITION TO ENTER PLEA OF 

GUILTY, CERTIFICATE OF COUNSEL, 

AND ORDER ENTERING PLEA 

1. My name is Jason Michael Keating. I am ? b years old. I have gone to school up 

to and including the If__!; ~u/w/e ~(? [~ dF ~//:r~ 

2. My attorney is Gerald M. Needham. 

3. My attorney and I have discussed my case fully. I have received a copy of the 

Indictment or Information. I have read the Indictment or Information, or it has been read to me, 

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

PAGE 1 - PETITION TO ENTER PLEA OF GUILTY 

Case 3:14-cr-00282-SI Document 65 Filed 04/21/15 Page 1 of 9
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the nature of each charge, any lesser-included offense(s), and the possible defenses that I might 

have in this case. I have been advised and understand that the elements of the charge(s) alleged 

against me to which I am pleading "GUILTY" are as follows: 

Starting not later than August 2012 and continuing through approximately March 

2014, within the District of Oregon and elsewhere, I and with others both known 

and unknown to the grand jury, unlawfully and knowingly agreed, combined, and 

conspired to transport, receive, possess, and sell stolen goods that have traveled in 

interstate or foreign commerce, to wit, basketball shoes stolen from Nike, Inc., in 

violation of Title 18, United States Code, Section 371. 

I have had a full and adequate opportunity to disclose to my attorney all facts known to me that 

relate to my case. I understand that the Court may ask whether I am satisfied with the advice I have 

received from my attorney. 

4. I know that ifl plead "GUILTY," I will have to answer any questions that the judge 

asks me about the offense(s) to which I am pleading guilty. I also know that if I answer falsely, 

under oath, and in the presence of my attorney, my answers could be 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 from any injury, 

illness or disability affecting my thinking or my ability to reason except as follows: 

/JWr'Jr f Jr«~'p/t) I have not taken any drugs or medications within the past seven (7) days except as follows: 

hfi· ~ l1JJ ;Y dy r ci<{Kar/;,, h V':~'nv' 

6. I understand that conviction of a crime can result in consequences in addition to 

imprisonment. Such consequences include deportation, or removal from the United States, or 

denial of naturalization, if I am not a United States citizen; loss of eligibility to receive federal 

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

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Case 3:14-cr-00282-SI Document 65 Filed 04/21/15 Page 2 of 9
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applicable state or federal law), such as the right to vote, to hold public office, and to possess 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 GUILTY" to any crime charged against me and that 

I may persist in that plea if it has already been made. I know that ifl plead "NOT GUILTY" the 

Constitution guarantees me: 

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

I will 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 twelve jurors; 

b. The right to have the assistance of 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 in 

my favor; 

d. The right to see, hear, confront, and cross-examme all 

witnesses called to testify against me; 

e. The right to decide for myself whether to take the witness 

stand and testify, 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 right not to be compelled to incriminate myself. 

8. I know that if I plead "GUILTY" there will be no trial before either a judge or a 

jury, and that I will not be able to appeal from the judge's denial of any pretrial motions I may 

have filed concerning matters or issues not related to the Court's jurisdiction. 

9. In this case I am pleading "GUILTY" under Rule ll(c)(l)(B). My attorney has 

explained the effect of my plea under Rule l l(c)(l)(B) to be as follows: 

PAGE 3 - PETITION TO ENTER PLEA OF GUILTY 

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My plea of guilty is under Rule 11 ( c )(1 )(B); therefore, although the judge will 

consider the recommendations and agreements of both the prosecution and defense 

attorneys concerning sentencing, the judge is not obligated to follow those 

recommendations or agreements. If the judge imposes a sentence different from 

what I expected to receive under the terms of my Plea Agreement with the 

prosecutor, I do not have a right to withdraw my plea. 

10. I know the maximum sentence which can be imposed upon me for the crime(s) to 

which I am pleading guilty is five (5) years' imprisonment and a fine of $250,000. I also know 

there is no mandatory minimum sentence. 

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

assessment as provided by law in the amount of $100 per count of conviction. 

12. I know that if I am ordered to pay a fine, and I willfully refuse to pay that fine, I 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 attorney has discussed with me the Federal Sentencing Guidelines. I know that 

the Guidelines are advisory, not mandatory. I also know the sentencing judge, in determining the 

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

Code, Section 3553(a), including but not limited to: the nature and circumstances of the offense, 

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

and rehabilitation) and the sentencing range established by the advisory Guidelines. If my attorney 

or any other person has calculated a guideline range for me, I know that this is only a prediction 

and advisory and that it is the judge who makes the final decision as to what the guideline range is 

and what sentence will be imposed. I also know that a judge may not impose a sentence greater 

than the maximum sentence referred to in paragraph ( 10) above. 

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Case 3:14-cr-00282-SI Document 65 Filed 04/21/15 Page 4 of 9
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14. I know from discussion with my attorney that, under the Federal Sentencing 

Guidelines, if I am sentenced to prison I am not entitled to parole. I will have to serve the full 

sentence imposed except for any credit for good behavior that I earn. I can earn credit for good 

behavior in prison at a rate of up to 54 days for each year of imprisonment served. Credit for good 

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

15. I know that if I am sentenced to prison, the judge will impose a term of supervised 

release to follow the prison sentence. During my supervised release term I will be supervised by a 

probation officer according to terms and conditions set by the judge. In my case, a term of 

supervised release can be three (3) years. If I violate the conditions of supervised release, I may be 

sent back to prison. 

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 to which I plead guilty. I am also informed that, 

for certain crimes of violence and crimes involving fraud or deceit, it is mandatory that the judge 

impose restitution in the full amount of any financial loss or harm caused by an offense. If imposed, 

the victim can use the order of restitution to obtain a civil judgment lien. A restitution order can 

be enforced by the United States for up to twenty (20) years from the date of my release from 

imprisonment, or, ifl am not imprisoned, twenty (20) years from the date of the entry of judgment. 

lfl willfully refuse to pay restitution as ordered, a judge may resentence me to any sentence which 

could originally have been imposed. 

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

required to pay interest unless that fine or restitution is paid within fifteen ( 15) days from the date 

of the entry of judgment. 

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18. If I am on probation, parole, or supervised release in any other state or federal case, 

I know that by pleading guilty in this court my probation, parole or supervised release may be 

revoked and I may be required to serve time in that case, which may be consecutive, that is, in 

addition to any sentence imposed on me in this court. 

19. Ifl 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 can be faced with consecutive sentences of imprisonment. 

20. My plea of "GUILTY" is based on a Plea Agreement that I have made with the 

prosecutor. That Plea Agreement is attached hereto and incorporated herein. I have read or had 

read to me the Plea Agreement, and I understand the Plea Agreement. 

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

government and me. No officer or agent of any branch of government (federal, state or local) or 

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

probation, or any other form of leniency if I plead "GUILTY" except 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 officer which is not stated in writing in the Plea Agreement, or which is not 

presented to the judge in my presence in open court at the time of the entry of my plea of guilty. 

22. My plea of "GUILTY" is not the result of force, threat, or intimidation. 

23. I hereby request that the judge accept my plea of "GUILTY" to the following 

count(s): Count 1. 

24. I know that the judge must be satisfied that a crime occurred and that I committed 

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

I am pleading guilty, I represent that I did the following acts and that the following facts are true: 

PAGE 6 - PETITION TO ENTER PLEA OF GUILTY 

Case 3:14-cr-00282-SI Document 65 Filed 04/21/15 Page 6 of 9
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Starting not later than August 2012 and continuing through approximately March 

2014, within the District of Oregon and elsewhere, I and with others both known 

and unknown to the grand jury, unlawfully and knowingly agreed, combined, and 

conspired to transport, receive, possess, and sell stolen goods that have traveled in 

interstate or foreign commerce, to wit, basketball shoes stolen from Nike, Inc., in 

violation of Title 18, United States Code, Section 3 71. 

25. I offer my plea of "GUILTY" freely and voluntarily and of my own accord and 

with a full understanding of the allegations set forth in the Indictment or Information, and with a 

full understanding of the statements set forth in this Petition and in the Certificate of my attorney 

that is attached to this Petition. 

SIGNED by me in the presence of my attorney, after reading (or having had read to me) 

all of the foregoing pages and paragraphs of this Petition on this 1'( day of¥. 2015. 

JASON 

Defendant 

~AE~ING 

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Case 3:14-cr-00282-SI Document 65 Filed 04/21/15 Page 7 of 9
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CERTIFICATE OF COUNSEL 

The undersigned, as attorney for defendant Jason Michael Keating, hereby certifies: 

1. I have fully explained to the defendant the allegations contained in the Indictment 

or Information in this case, any lesser-included offense(s), and the possible defenses which may 

apply in this case. 

2. I have personally examined the attached Petition To Enter Plea of Guilty And Order 

Entering Plea, explained all its provisions to the defendant, and discussed fully with the defendant 

all matters described and referred to in the Petition. 

3. I have explained to the defendant the maximum penalty and other consequences of 

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

to the defendant the applicable Federal Sentencing Guidelines. 

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

SIGNED by me in the presence of the above-named defendant, and after full discussion 

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

on this __ 'V"'_/_ day of _~;_uc_;_;_/ ____ '-J.-------' 2015. 

Attorney for Defendant 

PAGE 8 - CERTIFICATE OF COUNSEL 

Case 3:14-cr-00282-SI Document 65 Filed 04/21/15 Page 8 of 9
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ORDER ENTERING PLEA 

I find that the defendant's plea of GUILTY has been made freely and voluntarily and not 

out of ignorance, fear, inadvertence, or coercion. I further find the defendant has admitted facts 

that prove each of the necessary elements of the crime(s) to which the defendant has pied guilty. 

IT IS THEREFORE ORDERED that the defendant's plea of GUILTY be accepted and 

entered as requested in this PetH.ion and as recommended in the Certificate of defendant's attorney. 

~) ,,, 

DATED this ~ af ~2'/' , 2015, in open court. 

Hon. Garr M. King 

Senior Judge, U.S. District Court 

PAGE 9 ORDER ENTERING PLEA 

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