JEFFREY A. TURNOY, OSB 12481 

MARK C. COGAN, OSB 92016 

1500 SW FIRST AVENUE, SUITE 780 

PORTLAND, OR 97201 

503-827-8092 

email: mark@coganlawoffice.com 

ATTORNEY FOR DEFENDANT 

IN THE UNITED STA TES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

UNITED STATES OF AMERICA, 

Plaintiff; 

vs. 

TIJNG WING HO, 

Defendant. 

The defendant represents to the court: 

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CASE NO. 3:14-CR-00282-KI-1 

PETITION TO ENTER PLEA 

OF GUILTY, CERTIFICATE 

OF COUNSEL, AND ORDER 

ENTERING PLEA. 

1. My name is TIJNG WING HO. I am 36 years old. I have gone to school up to and 

including Graduate School fur MBA. 

2. My attorney is Mark C. Cogan and Jeffrey A. Tllllloy. 

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 

Page 1 - PEITI10N TO ENTER Pl.FA OF GUIL 1Y 

Case 3:14-cr-00282-SI Document 62 Filed 04/21/15 Page 1 of 9
this case. I have been advised and understand that the elements of the charges alleged against me 

to which I am pleading ''GUIL lY'' are as follows: 

Count 1: Starting not later than August 2012 and continuing through approximately March 

2014, within the District of Oregon and elsewhere, I, Kyle Keoki Yamaguchi, and Jason Michael 

Keating, unlawfully and knowingly agreed, combined, and conspired to transport, receive, possess, 

and sell stolen goods that have traveled in interstate or foreign cormrerce, to wit, basketball shoes 

stolen from Nike, Inc., in violation of Title 18 United States Code, Sections 2314 and 2315, and in 

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

I have had a full and adequate opporttmity to disck.lse to my attorney all fucts 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 ''GUILTY," I will have to answer any questions that the judge 

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

under oath, and in the presence of my attorney, my answers could be used against me in a 

prosecution for perjury or fulse 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 I have not taken any drugs or 

medications within the past seven (7) days. 

6. I understand that conviction of a crime can resuh 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; k.lss of eligibility to receive federal benefits; loss 

of certain civil rights (which may be temporary or permanent depending on applicable state or federal 

Page 2 - PEITTION TO ENTER PLFA OF GUIL 1Y 

Case 3:14-cr-00282-SI Document 62 Filed 04/21/15 Page 2 of 9
law), such as the right to vote, to hold public office, and to possess a firearm; and k.lss of the 

privilege to engage in certain occupations licensed by the state or fuderal government. 

7. I know that I rmy plead "NOT GUILTY'' to any crirre charged against me and that 

I may persist in that plea if it has already been rm.de. I know that if I 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 unaninxms 

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 

myfuvor; 

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 infurence of guih may be drawn from this 

decision; and 

t: The right not to be compelled to incriminate myself 

8. I know that ifl 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 rmtters or issues not related to the court's jurisdiction 

Page 3 - PETITION TO E'ITER PLFA OF GUILTY 

Case 3:14-cr-00282-SI Document 62 Filed 04/21/15 Page 3 of 9
9. In this case I am pleading ''GUILTY'' under Rule 1 l(c)(l)(B). My attorney has 

explained the effuct of my plea under Rule 1 l(c)(l)(B) to be as fulbws: 

My plea of guihy is under Rule 1 l(c)(l)(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 folbw those recommendations or agreements. If 

the judge imposes a sentence diffurent 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 guihy is 5 years' imprisonment and a fine of$250,000. 

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

as provided by law in the atmunt 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 atmunt 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 fuctors set forth in Title 18, United States 

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

Page 4 - PEITfION TO ENilR PLFA OFGUIL1Y 

Case 3:14-cr-00282-SI Document 62 Filed 04/21/15 Page 4 of 9
rmximum 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 eam 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 tenns 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 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 to which I plead guilty. I am also infurmed that, 

fur certain criires of violence and crirres involving fraud or deceit, it is mandatory that the judge 

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

the victim can use the order ofrestitution 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 

imprisomnmt, or, if I am not imprisoned, twenty (20) years from the date of the entry of judgment. 

If I willfully refu'ie to pay restitution as ordered, a judge may resentence ~ to any sentence which 

couki originally have been imposed. 

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

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

Page 5 - PEITfION TO ENTER PLFA OF GUILTY 

Case 3:14-cr-00282-SI Document 62 Filed 04/21/15 Page 5 of 9
of the entry ofjudgrrent. 

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

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

revoked and I may be required to serve tirre in that case, which may be consecutive, that IB, in 

addition to any sentence imposed on me in this comt. 

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 fuced with consecutive sentences of imprisonment. 

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

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

to me the Plea Agreement, and I llllderstand 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 (fuderai state or local) or 

anyone else has pro~ed 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 llllderstarxi that I cannot rely on any pro~e or suggestion made to me by a 

government agent or officer which IB not stated in writing in the Plea Agreement, or which IB not 

presented to the judge in my presence in open comt at the time of the entry of my plea of guiliy. 

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

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

Collllt 1, Conspiracy to Transport, Receive, and Sell Stolen Goods. 

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

Page 6 - PEfffiON TO ENTER PLFA OF GUIL 1Y 

Case 3:14-cr-00282-SI Document 62 Filed 04/21/15 Page 6 of 9
crirre before my plea of''GUIL IT' can be accepted. With respect to the charges to which 

I am pleading guihy, I represent that I did the following acts and that the following mets are true: 

Count 1: Starting not later than August 2012 and continuing through approxirrately March 

2014, within the Di'>trict of Oregon and elsewhere, I, Kyle Keoki Yamaguchi, and Jason Michael 

Keating, tmlawfully and knowingly agreed, combined, and conspired to transport, receive, possess, 

and sell stolen goods that have traveled in interstate or foreign cormnerce, to wit, basketball shoes 

stolen from Nike, Inc., in violation of Title 18 United States Code, Sections 2314 and 2315, and 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 Indictrrent or Information, and with a full 

understanding of the statements set forth in th1" Petition and in the Certificate of my attorney that 

1" attached to th1" 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 th1" Petition on th1" l.c1~ay of April, 2015. 

Deferxlant ~ 

Page 7 - PEITTION TO INTER PLFA OF GUIL 1Y 

Case 3:14-cr-00282-SI Document 62 Filed 04/21/15 Page 7 of 9
CERTIFICATE OF COUNSEL 

The tmdersigned, as attorney fur defendant TIJNG WING HO, hereby certifies: 

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

lnfurrration in this case, any lesser-included o:frense(s), and the possible defenses which may apply 

in this case. 

2. I have personally examined the attached Petition To Enter Plea of Guihy 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 penahy 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 recornrend 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 Guihy, and any Plea Agreement, on 

this (_ 0 day of April, 2015. 

Attorney for Defendant 

Page 8-CERTIFICATEOFCOUNSEL 

Case 3:14-cr-00282-SI Document 62 Filed 04/21/15 Page 8 of 9
ORDER ENTERING PLEA 

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

of ignorance, fear, inadvertence, or coercion. I further find the defendant has admitted mets that 

prove each of the necessary elements of the c~(s) to which the defendant has pled guilty. 

IT IS 1HEREFORE ORDERED that the defendant's plea of GUILTY be accepted and 

entered as requested in this Petition and as recorrnrended in the Certificate of defendant's attorney. 

sT 

DATED this :J/ aayof April, 2015, in open cotut. 

Judge, U.S. District Cotut 

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