Page 1-EMERGENCY MOTION TO POSTPONE SELF-SURRENDER PENDING BOP 

DESIGNATION OF INSTITUTION

Ruben L. Iñiguez

Assistant Federal Defender

101 SW Main Street, Suite 1700

Portland, OR 97204

Tel: (503) 326-2123

Fax: (503) 326-5524

Email: ruben_iniguez@fd.org

Attorney for Defendant

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

UNITED STATES OF AMERICA,

Plaintiff,

v.

WINSTON SHROUT,

Defendant.

Case No. 3:15-cr-00438-JO-1

EMERGENCY MOTION TO 

POSTPONE SELF-SURRENDER 

PENDING BOP DESIGNATION OF 

INSTITUTION

The defendant, Winston Shrout, through his attorney, Ruben L. Iñiguez, 

respectfully moves the Court to postpone today’s 2:00 p.m. self-surrender deadline to 

afford the Bureau of Prisons (BOP) sufficient time to complete the institution designation 

process. The government, through Tax Division Trial Attorneys Stuart A. Wexler and 

Lee F. Langston, most likely opposes this motion.1

 

1 Defense counsel was unable to communicate directly by telephone with counsel for the government to 

determine the government’s position. It is fair to assume, however, that the government opposes this 

motion.

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DESIGNATION OF INSTITUTION

MOTION

On October 22, 2018, the Court imposed sentence. ECF 160. Among other things, 

the Court ordered Mr. Shrout to “surrender for service of sentence at the institution 

designated by the Bureau of Prisons by Monday, November 25, 2018 by 2 p.m.” Id. (emphasis 

added).2 The Amended Judgment now directs Mr. Shrout to “surrender for service of 

sentence at the institution designated by the Bureau of Prisons: on Monday, November 

26, 2018 no later than 2 p.m. as notified by the United States Marshal.” ECF 164 at 3.

The Court recommended to the BOP that Mr. Shrout “be incarcerated in Sheridan 

Federal Prison Camp (FPC).” ECF 164 at 3. As of this morning, however, the BOP has 

not designated the FPC or any other particular institution as the place for incarceration. 

As a result, the Pretrial Services Office recently directed Mr. Shrout to “turn yourself in 

to the US Marshals Service in Portland, OR by 2pm on Monday November 26, 2018.” 

Email from Chris Song dated November 19, 2018. 

The recent directive from the Pretrial Services Office conflicts with the Amended 

Judgment. As noted above, the Court ordered Mr. Shrout to self-surrender “at the 

institution designated” by the BOP. ECF 164 at 3. While the judgment form contains

 

2 The Court subsequently amended the Judgment to correct a clerical mistake. ECF 164. The Amended 

Judgment correctly lists the surrender date as Monday, November 26. Id. at 3.

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DESIGNATION OF INSTITUTION

alternative language regarding voluntary surrender, the Court chose not to order that 

Mr. Shrout “surrender to the custody of the United States Marshal for this district.” Id.

If Mr. Shrout surrenders to the U.S. Marshals Service in Portland before the BOP 

completes the designation process, he will be incarcerated in a local county jail—either 

Multnomah County or Columbia County. He will be held there for an indeterminate 

period while the BOP completes its designation of an appropriate federal institution. Mr. 

Shrout will not receive the medical care and treatment he requires in a county jail. As the 

Presentence Investigation Report correctly noted, at age 70, Mr. Shrout requires 

considerable medical and care. PSR at ¶61. He suffers from several physical 

impairments, including hip replacement, multiple herniated lumbar discs, severely 

impaired mobility, moderate-to-severe chronic pain, double hernia surgery, and 

cataracts. He also requires mental health treatment. While the BOP may be able to 

provide adequate care, the local county jails are not equipped to do so. Moreover, 

although he already has been sentenced, if Mr. Shrout is required to surrender today, he 

will be held in the local county jail with detainees who have been arrested or are pending 

trial.

CONCLUSION

For each of the foregoing reasons, Mr. Shrout respectfully requests that the Court 

enter an Order postponing today’s 2:00 p.m. surrender deadline and directing him to 

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DESIGNATION OF INSTITUTION

surrender at the institution designated by the Bureau of Prisons, as directed by either the 

U.S. Pretrial Services Office or the U.S. Marshals Service.

RESPECTFULLY submitted this 26th day of November, 2018.

/s/ Ruben L. Iñiguez

Ruben L. Iñiguez

Attorney for Defendant

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