Celia Howes, OSB #033453 

HOEVET BOISE OLSON HOWES 

1000 SW Broadway, Suite 1500 

Portland, Oregon 97205 

Telephone: (503) 228-0497 

Facsimile: (503) 228-7112 

Email: chowes@hoevet-boise.com 

Of Attorneys for Defendant 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

UNITED STATES OF AMERICA, 

Plaintiff, 

v. 

KYLE KEOKI YAMAGUCHI, 

Defendant. 

The defendant represents to the court: 

Case No. 3:14-cr-00282-Kl-2 

PETITION TO ENTER PLEA OF 

GUil TY, CERTIFICATE OF 

COUNSEL, AND ORDER 

ENTERING PLEA 

1. My name is Kyle Yamaguchi. I am 33 years old. I have gone to school up 

to and including graduation from a four-year university. 

2. My attorney is Celia Howes. 

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 the nature of each charge, any lesser-included offense(s), and 

the possible defenses that I might have in this case. 

Page 1 - PETITION TO ENTER PLEA OF GUil TY 

I have been advised and 

HOEVET BOISE OLSON HOWES 

ATTORNEYS AT LAW 

1000 5.W. BROADWAY, #1500 

PORTLAND, OREGON 97205 

(503) 228-0497 

Case 3:14-cr-00282-SI Document 41 Filed 12/18/14 Page 1 of 10
understand that the elements of the charge(s) alleged against me to which I am 

pleading "GUil TY" are as follows: 

Count 1 of the Indictment charges Conspiracy to Transport, 

Receive and Sell Stolen Goods, in violation of 18 U.S.C. 

371, the elements of which are: 

(1) The defendant agreed with one other person to 

transport, receive and sell stolen goods; 

(2) With intent to transport, receive and sell stolen goods, 

the defendant caused stolen shoes to be shipped from 

Portland, Oregon to a buyer in the State of Florida. 

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 if I plead "GUil TY," 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: None . I have not taken any drugs or medications within the past seven (7) 

days except as follows: None. 

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 applicable state or federal law), such as the right to vote, to 

Page 2 - PETITION TO ENTER PLEA OF GUil TY 

HOEVET BOISE OLSON HOWES 

ATIORNEYS AT LAW 

1000 S. W. BROADWAY, #1500 

PORTLAND, OREGON 97205 

(503) 228-0497 

Case 3:14-cr-00282-SI Document 41 Filed 12/18/14 Page 2 of 10
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 GUil TY" to any crime charged against me 

and that I may persist in that plea if it has already been made. I know that if I plead 

"NOT GUil TY" 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-examine 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 "GUil TY" 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 11(c)(1)(B). My attorney 

has explained the effect of my plea under Rule 11 (c)(1 )(B) to be as follows: 

Page 3 - PETITION TO ENTER PLEA OF GUil TY HOEVET BOISE OLSON HOWES 

ATTORNEYS AT LAW 

10005.W. BROADWAY, #1500 

PORTLAND, OREGON 97205 

(503} 228-0497 

Case 3:14-cr-00282-SI Document 41 Filed 12/18/14 Page 3 of 10
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 5 years imprisonment and a fine of $250,000. 

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 

Page 4 - PETITION TO ENTER PLEA OF GUil TY HOEVET BOISE OLSON HOWES 

ATTORNEYS AT LAW 

1000 S.W. BROADWAY, #1500 

PORTLAND, OREGON 97205 

(503) 228-0497 

Case 3:14-cr-00282-SI Document 41 Filed 12/18/14 Page 4 of 10
judge may not impose a sentence greater than the maximum sentence referred to in 

paragraph (10) above. 

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 up to 3 years. If I violate the 

conditions of supervised release, I may be sent back to prison for up to 1 year. 

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, if I am not 

imprisoned, twenty (20) years from the date of the entry of judgment. If I willfully refuse 

to pay restitution as ordered, a judge may resentence me to any sentence which could 

originally have been imposed. 

Page 5 - PETITION TO ENTER PLEA OF GUil TY HOEVET BOISE OLSON HOWES 

ATTORNEYS AT LAW 

1000 S.W. BROADWAY, #1500 

PORTLAND, OREGON 97205 

(503) 228-0497 

Case 3:14-cr-00282-SI Document 41 Filed 12/18/14 Page 5 of 10
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. 

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. If 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 can be faced with consecutive 

sentences of imprisonment. 

20. My plea of "GUil TY" 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 "GUil TY" 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 

Page 6 - PETITION TO ENTER PLEA OF GUil TY HOEVET BOISE OLSON HOWES 

ATTORNEYS AT LAW 

1000 S.W. BROADWAY, #1500 

PORTLAND, OREGON 97205 

(503) 228-0497 

Case 3:14-cr-00282-SI Document 41 Filed 12/18/14 Page 6 of 10
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 "GUil TY" is not the result of force, threat, or intimidation. 

23. I hereby request that the judge accept my plea of "GUil TY" to the 

following count(s): Count 1 charging a Conspiracy to Transport, Receive, and Sell 

Stolen Goods, in violation of 18 USC 371. 

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

committed that crime before my plea of "GUil TY" 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: 

On or about April 25, 2013, in consideration for a cash 

payment of $62,000, in the District of Oregon, I agreed with 

another person to ship 42 pairs of Nike shoes, which I knew 

to be stolen, to a buyer in Florida. 

25. I offer my plea of "GUil TY" 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. 

II I 

Page 7 - PETITION TO ENTER PLEA OF GUil TY HOEVET BOISE OLSON HOWES 

ATTORNEYS AT LAW 

1000 S.W. BROADWAY, #1500 

PORTLAND, OREGON 97205 

(503) 228-0497 

Case 3:14-cr-00282-SI Document 41 Filed 12/18/14 Page 7 of 10
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..!.!:?.__ 

day of P€t-e~f!e-<'- , 2014. 

Page 8 - PETITION TO ENTER PLEA OF GUil TY 

HOEVET BOISE OLSON HOWES 

ATTORNEYS AT LAW 

1000 S.W. BROADWAY, #1500 

PORTLAND, OREGON 97205 

(503) 228-0497 

Case 3:14-cr-00282-SI Document 41 Filed 12/18/14 Page 8 of 10
CERTIFICATE OF COUNSEL 

The undersigned, as attorney for defendant Kyle Yamaguchi 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 "GUil TY." 

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 l LcJ%ay of ~1(2014. 

Page 9 - CERTIFICATE OF COUNSEL 

Celia Howes, OSB #033450 

Attorney for Defendant 

J 

HOEVET BOISE OLSON HOWES 

ATTORNEYS AT LAW 

10005.W. BROADWAY, #1500 

PORTLAND, OREGON 97205 

(503) 228-0497 

Case 3:14-cr-00282-SI Document 41 Filed 12/18/14 Page 9 of 10
ORDER ENTERING PLEA 

I find that the defendant's plea of GUil TY 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 GUil TY be accepted 

and entered as requested in this Petition and as recommended in the Certificate of 

defendant's attorney. '4 DATEDthis~ Ve.-c:_ 

Page 10 - ORDER ENTERING PLEA 

, 2014, in open court. 

HOEVET BOISE OLSON HOWES 

ATTORNEYS AT LAW 

1000 5.W. BROADWAY, #1500 

PORTLAND, OREGON 97205 

(503) 228-0497 

Case 3:14-cr-00282-SI Document 41 Filed 12/18/14 Page 10 of 10