Stephen F. Peifer 

Assistant United States Attorney 

Alison M. Clark 

Assistant Federal Public Defender 

Federal Public Defender's Office 

101 SW Main, Suite 1700 

Portland, OR 97204 

Re: United States v. Jesse David Bennett 

Plea Agreement Letter 

Dear Counsel: 

U.S. Department of Justice 

S. Amanda Marshall 

United States Attorney 

District of Oregon 

1000 SW Third Avenue, Suite 600 

Portland, OR 97204-2902 

Main: (503) 727-1000 

Desk: (503) 727-1012 

Fax: (503) 727-1105 

E-mail: Steve.Pe!fer@usdoj.gov 

May 29,2014 

1. Parties/Scope: This plea agreement is between this United States Attorney's Office 

(USAO) and defendant, and thus does not bind any other federal, state, or local prosecuting, 

administrative, or regulatory authority. This agreement does not apply to any charges other than 

those specifically mentioned herein. 

2. Charges: Defendant agrees to waive indictment in writing and plead guilty to a 

one-count information charging the crime of transmitting a threatening communication in 

interstate commerce, in violation of 18 U.S.C. § 875(c). 

3. Penalties: The maximum sentence is five years' imprisonment, a fine of$250,000, two to 

three years of supervised release, and a mandatory $100 fee assessment. 

4. Sentencing Factors: The parties agree that the court must first determine the applicable 

advisory guideline range, then determine a reasonable sentence considering that range and the 

factors listed in 18 U.S.C. § 3553(a). Where the parties agree that sentencing factors apply, such 

agreement constitutes sufficient proof to satisfy the applicable evidentiary standard. 

5. Acceptance of Responsibility: Defendant must demonstrate to the court that he fully 

admits and accepts responsibility under USSG § 3E1.1 for his unlawful conduct in this case. If 

defendant does so, the USAO will recommend a two-level reduction in defendant's offense level. 

The USAO reserves the right to change this recommendation if defendant, between plea and 

sentencing, commits any new violation of law, obstructs or attempts to obstruct justice as 

explained in USSG § 3C1.1, or acts inconsistently with acceptance of responsibility as explained 

in USSG § 3El.l. 

Revised 02/03/10 

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Alison M. Clark 

Re: US v. Jesse David Bennett 

May 29,2014 

Page 2 

6. Agreed Joint Sentence Recommendations: Assuming defendant qualifies for the 

acceptance of responsibility reduction noted in paragraph 5 above, the parties jointly agree and 

stipulate to the following sentencing guidelines calculations: 

Count 1: Base Offense Level 

(USSG § 2A6.l(a)(l)) 

More Than Two Threats 

(§ 2A6.1(b)(2)(A)) 

Acceptance of Responsibility 

(§ 3El.l) 

Criminal History Category 

Advisory Guideline Range 

12 

+2 

14 

-2 

12 

II 

12-18 

Again assuming defendant qualifies for the acceptance of responsibility reduction in 

paragraph 5 above, the parties jointly agree that defendant should receive a 4-level downward 

variance under 18 U.S.C. § 3553(a) based on mitigating factors in his mental health history and 

related factors. This would result in a range of 4-10 months and placement in Zone B. The 

parties jointly recorm11end a final sentence of three years' probation with a condition of four 

months' home detention. 

7. Waiver of Appeal/Post-Conviction Relief: Defendant knowingly and voluntarily 

waives the right to appeal from any aspect of the conviction and sentence on any grounds, except 

for a claim that: (1) the sentence imposed exceeds the statutory maximum, or (2) the court arrives 

at an advisory sentencing guideline range by applying an upward departure under the provisions of 

Guidelines Chapters 4 or 5K, or (3) the court exercises its discretion under 18 U.S.C. § 3553(a) to 

impose a sentence which exceeds the advisory guideline sentencing range. Should defendant 

seek an appeal, despite this waiver, the USAO may take any position on any issue on appeal. 

Defendant also waives the right to file any collateral atiack, including a motion under 28 U.S.C. § 

2255, challenging any aspect of the conviction or sentence on any grounds, except on grounds of 

ineffective assistance of counsel, and except as provided in Fed. R. Crim. P. 33 and 18 U.S.C. § 

3582(c)(2). 

8. Court Not Bound: The court is not bound by the recommendations of the parties or of 

the presentence report (PSR) writer. Because this agreement is made under Rule ll(c)(l)(B) of 

the Federal Rules of Criminal Procedure, defendant may not withdraw any guilty plea or rescind 

this plea agreement if the court does not follow the agreements or recommendations of the parties. 

Case 3:14-cr-00311-SI Document 8 Filed 08/26/14 Page 2 of 3
Alison M. Clark 

Re: US v. Jesse David Bennett 

May 29, 2014 

Page 3 

9. Full Disclosure/Reservation of Rights: The USAO will fully inform the PSR writer and 

the court of the facts and law related to defendant's case. Except as set forth in this agreement, the 

parties reserve all other rights to make sentencing recommendations and to respond to motions and 

arguments by the opposition. 

10. Breach of Plea Agreement: If defendant breaches the terms of this agreement, or 

commits any new violations of law between signing this agreement and sentencing, the USAO is 

relieved of its obligations under this agreement, but defendant may not withdraw any guilty plea. 

11. Memorialization of Agreement: No promises, agreements or conditions other than 

those set forth in this agreement will be effective unless memorialized in writing and signed by all 

parties listed below or confirmed on the record before the court. If defendant accepts this offer, 

please sign and attach the original of this letter to the Petition to Enter Plea. 

Sincerely, 

S. AMANDA MARSHALL 

tes 7,4 . 

Assistant United 

.PEIFE States ~ Attorney 

I have carefully reviewed every part of this agreement with my attorney. I understand and 

voluntarily agree to its terms. I expressly waive my rights to appeal as outlined in this agreement. 

I wish to plead guilty because, in fact, I am guilty. 

~L26j2o11 Defendant 

JESSE 

~~DAVID BENNETT ~ 

I represent the defendant as legal counsel. I have carefully reviewed every part of this 

agreement with defendant. To my knowledge, defendant's decisions to make this agreement and 

to plead guilty are informed and voluntary ones. 

(]'"'!ttl r5fe4-+-

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