BILLY J. WILLIAMS, OSB #901366

United States Attorney

District of Oregon

JOHNATHAN S. HAUB, OSB #76165

Assistant United States Attorney

John.Haub@usdoj.gov

1000 S.W. Third Ave., Suite 600 

Portland, OR 97204-2902

Telephone: (503) 727-1032

Facsimile: (503) 717-1117

Attorneys for United States of America

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

UNITED STATES OF AMERICA

v.

ERIC F. OELKERS,

Defendant.

3:16-CR-00054-BR

GOVERNMENT’S 

SENTENCING MEMORANDUM

Sentencing Date:

February 23, 2017 at 9:00 a.m.

The United States of America, through Billy J. Williams, United States Attorney for the 

District of Oregon, and Johnathan S. Haub, Assistant United States Attorney, hereby submits the 

following sentencing memorandum.

I. Plea and Plea Agreement

On November 2, 2016, defendant pled guilty to a one-count Indictment charging that on 

or about September 28, 2015, in the District of Oregon, he knowingly and intentionally escaped 

from the custody of the Northwest Regional Reentry Center (NWRRC), an institutional facility 

in which he was to be lawfully confined as a result of a judgment and commitment of the United 

States District Court for the District of Oregon for the offense of felon in possession of a firearm. 

The government agreed that defendant’s guideline range should be reduced two levels for

early acceptance of responsibility. Since defendant committed another offense while on escape 

status which was punishable by a year or more in prison, he failed to qualify for the four-level 

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Government’s Sentencing Memorandum Page-2

reduction for escape from a non-secure facility, pursuant to USSG § 2P2.2(a)(1). The plea offer 

included a joint sentencing recommendation for a year and a day prison sentence to be served 

consecutively to any prison sentence being served by the defendant. 

B. Advisory Sentencing Guideline Calculations

A Presentence Report (PSR) has been completed. The government believes that the facts 

underlying the defendant=s count of conviction, and his overall criminal activity are complete and 

accurately set forth in the PSR. The government believes that defendant’s sentencing guidelines 

should be calculated as follows: 

Count 1—Escape

Base Offense Level, USSG § 2P1.1(a)(1) 13

Acceptance of Responsibility, USSG § 3E1.1(a) - 2

Total Adjusted Offense Level 11

With a criminal history score of IV and an advisory guideline level of 11, a sentencing 

range of 18-24 months’ imprisonment is obtained.

The government recommends a two-level downward variance pursuant to Title 18, 

United States Code, Section 3553(a) for a combination of factors, including defendant’s 

demonstrated good conduct while at NWRRC, as well as expected loss of good conduct credits 

for good behavior while serving his 84-month prison term. If this request is granted, the range 

will be 12-18 months. 

The parties recommend a sentence of a year and a day, three years supervised release and 

a $100 fee assessment. 

C. Sentencing Considerations

Defendant’s underlying sentence was for felon in possession of a firearm. Given that this 

escape conviction will entail substantial loss of good time credits, and given the escape 

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Government’s Sentencing Memorandum Page-3

conviction calls for a consecutive sentence, the lenient sentence recommended by the 

government takes into account the expected loss of good time credits previously earned as well 

as defendant’s otherwise good performance while at NWRRC. Defendant will have ample 

opportunity to prove he can obey the law during the supervised release terms he will soon face. 

Accordingly, given the factors outlined in 18 U.S.C. ' 3553(a), such as the nature and 

circumstances of the offense; the history and characteristics of the defendant; the need for the 

sentence imposed to reflect the seriousness of the offense; the need for the sentence to promote 

respect for the law; the need for the sentence to afford adequate deterrence to criminal conduct; 

the need for the sentence to provide just punishment for the offense; the need to protect the 

public from further crimes of the defendant; and, the need to provide the defendant with needed 

training or other corrective treatment, the government believes that the sentence as recommended 

is fair and just. 

D. Appeal Waiver

Defendant has waived many of his appellate rights as a part of the plea agreement.

Dated this 8th day of February 2017.

Respectfully submitted,

BILLY J. WILLIAMS

United States Attorney

/s/ Johnathan S. Haub

JOHNATHAN S. HAUB, OSB # 76165

Assistant United States Attorney

Case 3:16-cr-00054-BR Document 30 Filed 02/08/17 Page 3 of 3