A0245B (Rev. 09/11) Judgment in a Criminal Case· DISTRICT OF OREGON CUSTOMIZED 1112011 

Sheet 1 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE 

v. 

TIMOTHY LOREN McCOY FLEMING 

THE DEFENDANT: 

[X] pleaded guilty to count 3 of the Information 

Case Number: 6:15-CR-00308-MC-01 

USM Number: 76845-065 

Richard L. Fredericks, CJA Appointment 

Defendant's Attorney 

William Fitzgerald 

Assistant U.S. Attorney 

[ ] pleaded nolo contendere to count(s) ______________ Which was accepted by the court. 

[ ] was found guilty on count(s) After a plea of not guilty. 

The defendant is adjudicated guilty of the following offense: 

Title & Section Nature of Offense Date Offense Concluded Count Number 

18 U.S.C § 875(c) Transmitting a Threat in Interstate Commerce On or about January 30, 2015 3 

The defendant is sentenced as provided in pages 2 through 7_ of this judgment. The sentence is imposed pursuant to the Sentencing Reform 

Act of 1984. 

[ ] The defendant has been found not guilty on count(s) and is discharged as to such count(s). 

[X] All remaining counts are dismissed on the motion of the United States. 

[X] The defendant shall pay a special assessment in the amount of$100.00 for Count .]_payable immediately to the Clerk of the U.S. 

District Court. (See also the Criminal Monetary Penalties sheet.) 

IT IS ORDERED that the defendant shall notify the United States Attorney for this district within 30 days of any change of name, 

residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. If ordered 

to pay restitution, the defendant shall notify the court and the United States Attorney of any material change in the defendant's economic 

circumstances. 

March 7, 2016 

Date of Imposition of Sentence 

\..--__ _ L 

Signature of Judicial Officer - MICHAEL J. McSHANE, UNITED STATES DISTRICT JUDGE 

Name and Title of Judicial Officer 

March / °; , 2016 

Date 

.J 

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AO 245B (Rev. 09/11) Judgment in a Criminal Case - DISTRICT OF OREGON CUSTOMIZED 11/2011 

Sheet 2 - Imprisonment 

DEFENDANT: FLEMING, Timothy Loren McCoy 

CASE NUMBER: 6:15-CR-00308-MC-OI 

IMPRISONMENT 

Judgment-Page 2 of 7 

The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of: 

eighteen (18) months. 

[X] The court makes the following recommendation to the Bureau of Prisons:FCI Sheridan 

[X] The defendant is remanded to the custody of the United States Marshal. 

] The defendant shall surrender to the United States Marshal for this district: 

[ ] ] a.m. [ ] p.m. on __________ _ 

[ ] as notified by the United States Marshal. 

] The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: 

[ ] before 2:00 p.m. on------------' 

[ ] as notified by the United States Marshal and/or Pretrial Services. 

The Bureau of Prisons will determine the amount of prior custody that may be credited towards the service of sentence as authorized by 

Title 18 USC §3585(b) and the policies of the Bureau of Prisons. 

RETURN 

I have executed this judgment as follows: 

Defendant delivered on _0--"--4__._.-.-"d.:__..:'1_,_-__._l '2..._ ___ T o ~Lt ~'~°'"' 

, w ith a certified copy of this judgment. 

Case 6:15-cr-00308-MC Document 30 Filed 05/09/16 Page 2 of 7
A0245B (Rev. 09/11) Judgment in a Criminal Case - DISTRICT OF OREGON CUSTOMIZED 11/2011 

Sheet 3 - Supervised Release 

DEFENDANT: FLEMING, Timothy Loren McCoy 

CASE NUMBER: 6: l 5-CR-00308-MC-O I 

SUPERVISED RELEASE 

Upon release from imprisonment, the defendant shall be on supervised release for a term of three (3) years. 

Judgment-Page 3 of 7 

The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 

15 days of release from imprisonment and at least two periodic drug tests thereafter. 

[ ] The above drug testing condition is suspended, based on the court's determination that the defendant poses a low risk of future 

substance abuse. (Check, if applicable.) 

If this judgment imposes a fine or restitution obligation, it shall be a condition of supervised release that the defendant pay any 

such fine orrestitution that remains unpaid at the commencement of the term of supervised release in accordance with the Schedule 

of Payments set forth in the Criminal Monetary Penalties section of this judgment. 

The defendant shall comply with the Standard Conditions of Supervised Release that have been adopted by this court as set forth 

in this judgment. The defendant shall also comply with the Special Conditions of Supervision as set forth below and any 

additional conditions attached to this judgment. 

SPECIAL CONDITIONS OF SUPERVISION 

1. The defendant shall reside in and satisfactorily participate in a residential reentry center to include a prerelease 

component, if determined appropriate by the residential reentry center manager and the U.S. Probation Officer, for up to 

120 days or until discharged by the residential reentry center manager and the U.S. Probation Officer. 

2. Defendant shall not possess or consume alcohol or frequent an establishment where alcohol is the primary item for sale. 

3. The defendant shall participate in a mental health treatment program approved by the probation officer. 

4. As directed by his probation officer the defendant shall take psycho tropic medication, if medically approved, for the 

treatment of a mental or emotional disorder. 

5. The defendant shall obtain one primary care physician and one mental health provider, who will prescribe defendant's 

medications. The defendant will provide documentation of changes in medication and is required to sign a release of 

information form allowing for the exchange of information between the medication prescribers and the probation officer. 

6. The defendant shall utilize one pharmacy to fill prescription medications and shall sign a release of information form 

allowing for the exchange of information between the pharmacy and the probation officer. 

7. The defendant shall participate in a sex offender assessment and treatment program as approved by the probation officer. 

The defendant shall abide by all rules and requirements of such program. This assessment and treatment program may 

include the use of the polygraph to assist in case planning and case monitoring. 

8. The defendant shall register, ifrequired by law, with the state sex offender registration agency in any state where the 

defendant resides, is employed, carries on a vocation, or is a student and shall provide written notification of compliance 

with this condition as directed by the probation officer. 

9. The defendant shall have no contact with minors (in person, by telephone, through correspondence or a third party) 

unless approved by the probation officer and the Court. 

10. The defendant is prohibited from being present within 100 feet of schools and playgrounds and other places where minor 

children congregate, unless approved by the probation officer. 

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A0245B (Rev. 09/11) Judgment in a Criminal Case - DISTRICT OF OREGON CUSTOMIZED 1112011 

Sheet 3 - Supervised Release 

DEFENDANT: FLEMING, Timothy Loren McCoy 

CASE NUMBER: 6:15-CR-00308-MC-01 

Judgment-Page 4 of 7 

11. The defendant is prohibited from residing within I 00 yards of schools and playgourds and other places where minor 

children congregate, unless approved by the probation officer. 

12. The defendant shall provide the probation officer with any requested financial information needed to verify there have 

been no payments to entities that provide access to the Internet. 

13. The defendant is prohibited from accessing any on-line computer service at any location (including employment or 

education) without the prior written approval of the U.S. Probation Officer. 

14. The defendant shall provide the U.S. Probation Officer with truthful and complete information regarding all computer 

hardware, software, electronic services, and data storage media to which the defendant has access. 

15. The defendant shall submit to a search of his/her computer (including any handheld computing device, any electronic 

device capable of connecting to any on-line service, or any data storage media) conducted by a U.S. Probation Officer, at 

a reasonable time and in a reasonable manner, based upon reasonable suspicion of a violation of a condition of 

supervision. Failure to submit to a search may be grounds for revocation. The defendant shall warn all individuals that 

have access to defendant's computer that it is subject to search and/or seizure. 

16. The defendant is prohibited from using or possessing any computer(s) (including any handheld computing device, any 

electronic device capable of connecting to any on-line service, or any data storage media) without the prior written 

approval of the U.S. Probation Officer. This includes, but is not limited to, computers at public libraries, Internet cafes, 

or the defendant's place of employment or education. 

17. The defendant shall participate in the U.S. Probation Office's Computer Monitoring Program. Participation in the 

Program may include installation of software or hardware on the defendant's computer that allows random or regular 

monitoring of the defendant's computer use; periodic inspection of defendant's computer (including retrieval, copying, 

and review of its electronic contents) to determine defendant's compliance with the Program; and restriction of the 

defendant's computer use to those computers, software programs, and electronic services approved by the U.S. Probation 

Officer. 

18. The defendant shall not view, purchase, or possess (I) any materials including visual depictions of minors under the age 

of 18 engaged in sexually explicit conduct, as defined in 18 U.S.C. § 2256(2); or (2) any materials depicting sexually 

explicit conduct involving adults, including depictions of actual or simulated sexual intercourse (including genital-genital, 

oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex), bestiality, masturbation, 

sadistic or masochistic abuse, or other depictions of explicit adult sexual conduct. The defendant is prohibited from 

patronizing any place where such material or entertainment is available. 

19. The defendant's employment shall be subject to approval by the probation officer. 

20. The defendant shall cooperate in the collection of DNA as directed by the probation officer, if required by law. 

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AO 245B (Rev. 09/11) Judgment in a Criminal Case - DISTRICT OF OREGON CUSTOMIZED 1112011 

Sheet 3A - Supervised Release 

DEFENDANT: FLEMING, Timothy Loren McCoy 

CASE NUMBER: 6:15-CR-00308-MC-01 

Judgment-Page 5 of 7 

STANDARD CONDITIONS OF PROBATION AND SUPERVISED RELEASE 

The Judges of the District of Oregon adopt the following standard conditions of probation and supervised release to apply in 

every case in which probation and/or supervised release is imposed upon a defendant. The individual judge may impose other 

conditions deemed advisable in individual cases of probation or supervised release supervision, as consistent with existing-or 

future law. 

1. The defendant shall report in person to the probation office for the district to which he or she is released within 72 hours 

ofrelease from the custody of the Bureau of Prisons. 

2. The defendant shall not commit another federal, state, or local crime and shall not illegally possess a controlled 

substance. Revocation of probation or supervised release is mandatory for illegal possession of a controlled substance. 

3. The defendant shall not possess a firearm, destructive, or dangerous device. 

4. If the defendant illegally uses drugs or abuses alcohol, has a history of drug or alcohol abuse, or drug use or possession is 

determined to be an element of the defendant's criminal history or instant offense, the defendant shall participate in a 

substance abuse treatment program as directed by the probation officer which may include urinalysis testing to determine 

if the defendant has used drugs or alcohol. In addition to urinalysis testing that may be part of a formal drug treatment 

program, the defendant shall submit up to eight (8) urinalysis tests per month. 

5. The defendant shall submit to a search of his/her person, residence, office or vehicle, when conducted by a United States 

Probation Officer at a reasonable time and in a reasonable manner, based upon reasonable suspicion of contraband or 

evidence of a violation of a condition of supervision. Failure to submit to a search may be grounds for revocation. The 

defendant shall warn other residents that the premises may be subject to searches pursuant to this condition. 

6. The defendant shall not leave the judicial district without the permission of the court or probation officer. 

7. The defendant shall report to the probation officer as directed by the court or probation officer, and shall submit a truthful 

and complete written report within the first five days of each month. 

8. The defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation 

officer. The defendant may decline to answer inquiries if a truthful response would tend to incriminate him/her. Such a 

refusal to answer may constitute grounds for revocation. 

9. The defendant shall support his or her dependents and meet other family responsibilities to the best of his or her financial 

ability. 

10. The defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, 

or other acceptable reasons. 

11. The defendant shall notify the probation officer within 72 hours of any change in residence or employment. 

12. The defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer 

any narcotic or other controlled substance, or any paraphernalia related to such substances, except as prescribed by a 

physician. If, at any time, the probation officer has reasonable cause to believe the defendant is using illegal drugs or is 

abusing alcohol, the defendant shall submit to urinalysis testing, breathalyzer testing, or reasonable examination of the 

arms, neck, face, and lower legs. 

13. The defendant shall not knowingly frequent places where controlled substances are illegally sold, used, distributed, or 

administered. 

14. The defendant shall not knowingly associate with any persons engaged in criminal activity, and shall not knowingly 

associate with any person convicted of a felony, unless granted permission to do so by the probation officer. 

15. The defendant shall permit a probation officer to visit him or her at any reasonable time at home or elsewhere, and shall 

permit confiscation of any contraband observed in plain view by the probation officer. 

16. The defendant shall notify the probation officer within 72 hours of being arrested or questioned by a law enforcement 

officer. 

I 7. The defendant shall not enter into any agreement to act as an informant or special agent of a law enforcement agency 

without the permission of the court. 

18. As directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by his or her 

criminal record or personal history and characteristics, and shall permit the probation officer to make such notifications 

and to confirm the defendant's compliance with such a notification requirement. This requirement will be exercised only 

when the probation officer believes a reasonably foreseeable risk exists or a law mandates such notice. Unless the 

probation officer believes the defendant presents an immediate threat to the safety of an identifiable individual, notice 

shall be delayed so the probation officer can arrange for a court hearing and the defendant can obtain legal counsel. 

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A0245B (Rev. 09/11) Judgment in a Criminal Case.- DISTRICT OF OREGON CUSTOMIZED 11/2011 

Sheet 5 - Criminal Monetary Penalties 

DEFENDANT: FLEMING, Timothy Loren McCoy 

CASE NUMBER: 6:15-CR-00308-MC-Ol 

CRIMINAL MONETARY PENAL TIES 

Judgment-Page 6 of 7 

The defendant shall pay the following total criminal monetary penalties in accordance with the Schedule of Payments set forth 

in this Judgment: 

Assessment Restitution TOTAL 

(as noted on Sheet 1) 

TOTALS $100.00 $0.00 $0.00 $100.00 

] The determination of restitution is deferred until --------

be entered after such determination. 

AnAmended Judgment in a Criminal Case will 

] The defendant shall make restitution (including community restitution) to the following payees in the amount listed 

below. 

If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment, unless 

specified otherwise in the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 

3664(1), all non-federal victims must be paid in full prior to the United States receiving payment. 

Priority Order 

Name of Payee Total Amount of Loss* 

Amount of Restitution 

Ordered or Percentage of Payment 

$ $ 

TOTALS 

] If applicable, restitution amount ordered pursuant to plea agreement $ _______ _ 

] The defendant shall pay interest on any fine or restitution of more than $2,500, unless the fine or restitution is paid in full 

before the fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options on the 

Schedule of Payments may be subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 36 l 2(g). 

] The court determined that the defendant does not have the ability to pay interest and it is ordered that: 

[ ] the interest requirement is waived for the [ ] fine and/or [ ] restitution. 

[ ] the interest requirement for the [ ] fine and/or [ ] restitution is modified as follows: 

Any payment shall be divided proportionately among the payees named unless otherwise specified. 

*Findings for the total amount oflosses are required under Chapters 109A, 110, 11 OA, and l 13A of Title 18, United States Code, for offenses committed on 

or after September 13, 1994, but before April 23, 1996. 

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A0245B (Rev. 09/11) Judgment in a Criminal Case - DISTRJCT OF OREGON CUSTOMIZED 11/2011 

Sheet 6 - Schedule of Payments 

DEFENDANT: FLEMING, Timothy Loren McCoy 

CASE NUMBER: 6:15-CR-00308-MC-Ol 

SCHEDULE OF PAYMENTS 

Judgment-Page 7 of 7 

Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties shall be due as follows: 

A. [X] Lump sum payment of $100.00 due immediately, balance due 

[X] not later than March 7, 2016, or 

[ ] in accordance with [ ] C or [ ] D below; or 

B. [] Payment to begin immediately (may be combined with [] C or [ ] D below); or 

C. [X] If there is any unpaid balance at the time of defendant's release from custody, it shall be paid in monthly installments 

ofnot less than $25 .00 until paid in full, to commence immediately upon release from imprisonment. 

D. [] Special instructions regarding the payment of criminal monetary penalties: 

[X] Payment of criminal monetary penalties, including restitution, shall be due during the period of imprisonment as follows: 

(1) 50% of wages earned ifthe defendant is participating in a prison industries program; (2) $25 per quarter if the defendant is 

not working in a prison industries program. 

It is ordered that resources received from any source, including inheritance, settlement, or any other judgment, shall be applied to 

any restitution or fine still owed, pursuant to 18 USC§ 3664(n). 

All criminal monetary penalties, including restitution, except those payments made through the Federal Bureau of Prisons' Inmate 

Financial Responsibility Program, are made to the Clerk of Court at the address below, unless otherwise directed by the Court, the 

Probation Officer, or the United States Attorney. 

] Clerk of Court 

US District Court - Oregon 

1000 SW Third Avenue 

Suite 740 

Portland, OR 97204 

[X] Clerk of Court 

US District Court - Oregon 

405 East 8th A venue 

Suite 2100 

Eugene, OR 97401 

] Clerk of Court 

US District Court - Oregon 

310 West Sixth Street 

Room201 

Medford, OR 97501 

The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed. 

[ ] Joint and Several 

Case Number 

Defendant and Co-Defendant Names 

(including defendant number) Total Amount 

[ ] The defendant shall pay the cost of prosecution. 

[ ] The defendant shall pay the following court cost(s): 

Joint and Several 

Amount 

Corresponding Payee, 

if appropriate 

[ ] The defendant shall forfeit the defendant's interest in the following property to the United States: 

Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) fine principal, (5) fine 

interest, (6) community restitution, (7) penalties, and (8) costs, including cost of prosecution and court costs. 

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