Richard A. Fredericks 

750 Lawrence #2 

Eugene,Oregon 97401 

U.S. Department of Justice 

Billy J. Williams 

Acting United States Attorney 

District of Oregon 

405 East 8th Avenue 

Eugene, OR 97401-2708 

September 21, 2015 

Re: United States v. Timothy Loren McCoy Fleming 

Plea Agreement Letter 

Dear Rick: 

(541) 465-6771 

Fax: (541) 465-6314 

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 other charges 

other than those specifically mentioned herein. 

2. Charges: Defendant agrees to waive indictment and plead guilty to Count 3 of an 

information charging him with transmitting a threat in interstate commerce, in violation of 18 

U.S.C. § 875(c). 

3. Penalties: Transmitting a threat in interstate commerce is a Class D felony punishable by 

a maximum sentence of five (5) years in prison, fine of $250,000, supervised release term of 

three (3) years and special assessment of $100. Revocation of supervised release could result in 

a sentence of two (2) years in prison. 

4. Dismissal of Charges: The USAO agrees to dismiss all other charges and not bring any 

additional charges against defendant in the District of Oregon arising out of this investigation, 

known to the USAO at the time of this agreement. 

5. Sentencing Factors: The parties agree that the court must use the 2014 version ofthe 

United States Sentencing Guidelines (hereinafter "U.S.S.G.") to first determine the applicable 

advisory sentencing 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 proof to satisfy the applicable evidentiary standard. 

6. Elements and Facts: Defendant admits that he committed the offense set forth 

in Count 3 of the information, more specifically that: 

On or about January 30, 2015, in the District of Oregon, defendant knowingly 

communicated in interstate commerce threats to kill or injure a police officer by posting 

on Facebook a picture of himself holding a pistol along with the words--

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Case 6:15-cr-00308-MC Document 21 Filed 09/25/15 Page 1 of 4
Timothy Loren McCoy Fleming Plea Letter 

September 21, 2015 

Page 2 of 4 pages 

"Gotta full clip, sick of this shit, eatin that destroying angel mushroom, don't push 

it bitch. Stash the salvation in my pocket, safety off, trigger finger cold and willing. Walk 

into Albany city hall, smile at the uniform as I pass him in the hall, tum round, Salvation 

speaks, a roaring sound, uniform goes down, no armor on the head makes a corrupt cop 

dead." 

7. Base Offense Level: The parties agree that the conduct in this case dictates a base 

offense level of 12, pursuant to U.S.S.G. § 2A6.l(a)(1). The parties are otherwise free to take 

any position on any guideline adjustments, enhancements or departures that may apply in this 

case. 

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

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

If defendant does so, the USAO will recommend an appropriate reduction in defendant's offense 

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

and sentencing, commits any new or additional criminal offense, obstructs or attempts to obstruct 

justice as explained in USSG § 3C 1.1, or acts inconsistently with acceptance of responsibility as 

explained in USSG § 3El.l. 

9. Sentencing Recommendation: The USAO will recommend a sentence at the low end of 

the sentencing guideline range, so long as defendant demonstrates an acceptance of 

responsibility as explained above. The defendant may ask for a sentence below the sentencing 

guideline range and the USAO may oppose that request. 

10. 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 

whatsoever. Should defendant seek an appeal, despite this waiver of that right, the USAO may 

take any position on any issue on appeal. Defendant also waives the right to file any collateral 

attack, 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. 

11. 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 11(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 herein. 

12. 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. 

Case 6:15-cr-00308-MC Document 21 Filed 09/25/15 Page 2 of 4
Timothy Loren McCoy Fleming Plea Letter 

September 21, 2015 

Page 3 of 4 pages 

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

commits any new criminal offenses between signing this agreement and sentencing, the USAO is 

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

14. Total Agreement: This letter states the full extent of the agreement between the parties. 

There are no other promises or agreements, express or implied. If defendant accepts this offer, 

please sign and attach the original of this letter to the Petition to Enter Plea. Thank you for your 

professional courtesies. 

Sincerely, 

BILLY J. WILLIAMS 

Acting United States Attorney 

d?.&!/ 

WILLIAM E. FITZGERALD 

Assistant U.S. Attorney 

Case 6:15-cr-00308-MC Document 21 Filed 09/25/15 Page 3 of 4
Timothy Loren McCoy Fleming Plea Letter 

September 21, 2015 

Page 4 of 4 pages 

I hereby freely and voluntarily accept the terms and conditions of this plea offer, after 

first reviewing and discussing every part of it with my attorney. I am satisfied with the legal 

assistance provided to me by my attorney. I wish to plead guilty because, in fact, I am guilty. 

q - zs--r.:>---

Date 

I represent defendant as legal counsel. I have carefully reviewed and discussed every 

part of this agreement with defendant. To my knowledge defendant's decisions to enter into this 

agreement and to plead guilty are informed and voluntary ones. 

RICHARD A. FREDERICKS 

Attorney for Defendant 

Case 6:15-cr-00308-MC Document 21 Filed 09/25/15 Page 4 of 4