Richard L. Fredericks 

750 Lawrence Street, Suite 2 

Eugene, OR 97401 

(541) 343-6118 

rlfred@comcast.net 

Attorney for Defendant 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

PORTLAND DIVISION 

UNITED STATES OF AMERICA, CR 3:16-CR-00125-BR 

vs. 

SCOTT ALAN WILLINGHAM, 

Plaintiff, PETITION TO ENTER PLEA OF 

GUILTY, CERTIFICATE OF COUNSEL 

AND ORDER ENTERING PLEA 

Defendant. 

The defendant represents to the Court: 

1. My name is Scott Alan Willingham. I am 49 years old. I have 10 years of 

education plus a GED. I request that all proceedings against me be in my true name. 

2. My attorney is Richard L. Fredericks. 

3. My attorney and I have discussed my case fully. I have received a copy of the 

Superseding Indictment. I have read the Indictment, or it has been read to me, and I have 

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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 this case. I have been advised and understand that the elements of the charges 

alleged against me to which I am pleading "GUILTY" are as follows: 

COUNT 1: 

- on or about January 15, 2016; 

- in Oregon; 

- with intention to deprive the United States of the use or benefit of property; 

- did knowingly aid and abet another to steal and convert to the use of another; 

- cameras which were property of the United States; 

- the cameras exceeded $1000 in value. 

4. I know that ifI plead "GUILTY," I will have to answer any questions that the 

judge asks me about the offense to which I am pleading guilty. I also know that ifI answer 

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

in a prosecution for pe1jury or false 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 result in consequences in addition 

to imprisonment. Such consequences include deportation, or removal from the United 

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States, or denial of naturalization, if I am not a United States citizen; loss of eligibility to 

receive federal benefits; loss of certain civil rights (which may be temporary or permanent 

depending on applicable state or federal law), such as the right to vote, to hold public office, 

and to possess a firearm; and loss of the privilege to engage in certain occupations licensed 

by the state or federal government. 

7. I know that I may plead "NOT GUILTY" to any crime charged against me and 

that I may persist in that plea if it has already been made. I !mow 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 unanimous 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 my favor; 

cl. The right to see, hear, confront, and cross-examine all witnesses called 

to testify against me; 

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e. The rightto decide for myself whether to take the witness 

stand and testify, and ifl decide not to take the witness stand, I 

understand that no inference of guilt may be drawn from this 

decision; and 

f. The right not to be compelled to incriminate myself. 

8. I !mow that if I plead "GUILTY" there will be no trial before either a judge or 

a jury. 

9. In this case I am pleading "GUILTY" under Rule ll(c)(l)(B). My attorney has 

explained the effect of my plea under Rule 11 ( c )(1 )(B) to be as follows: 

I plead guilty under Rule l l(c)(l)(B); therefore, although the judge 

will consider the recommendations and agreements of both the 

prosecution and the defense attorneys concerning sentencing, the 

judge is not obligated to follow those recommendations or 

agreements. If the judge imposes a sentence different 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 !mow the maximum punishment which can be imposed upon me for the 

crimes to which I am pleading guilty is 10 years imprisonment and a fine of $250,000. 

11. I !mow that the judge, in addition to any other penalty, will order a special 

assessment as provided by law in the amount of$100.00. 

12. I know that ifl am ordered to pay a fine, and I willfully refuse to pay that fine, 

I can be returned to court, where the amount 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. 

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13. My attorney has discussed with me the Federal Sentencing Guidelines. I know 

The Guidelines are advisory, not mandatory. I also know the sentencing judge, in 

determining the patiicular sentence to be imposed, must consider those factors set forth in 

Title 18, United States Code, Section 3553(a), including, but not limited to: the nature and 

circumstances 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 advisory, and is only one of the factors that the judge 

will consider in making a final decision as to what sentence will be imposed. I also know 

that a judge may not impose a sentence greater than the maximum 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 earn. 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 terms and conditions set by the judge. In 

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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 2 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 informed 

that, for certain crimes of violence and crimes involving fraud or deceit, it is mandatory that 

the judge impose restitution in the full amount of any financial loss or harm caused by an 

offense. Ifimposed, 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 imprisonment, or, ifI am not imprisoned, twenty (20) years from the 

date of the entry ofjudgment. IfI willfully refuse to pay restitution as ordered, a judge may 

resentence me to any sentence which could originally have been imposed. 

17. On any fine or restitution in an amount of $2,500 or more, I know that I will 

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

the date of the entry of judgment. 

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

case, I know that by pleading guilty in this court my probation, parole or supervised release 

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

that is, in addition to any sentence imposed on me in this court. 

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19. Ifl have another case pending in any state or federal court, I know that my Plea 

Petition in this case does not apply to my other case( s ), and that I can be faced with 

consecutive sentences of imprisonment. 

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

prosecutor. The Plea Agreement is attached to this Petition. 

21. No officer or agent of any branch of government (federal, state or local) or 

anyone else has promised or suggested that I will receive a lesser term of imprisonment, or 

probation, or any other form ofleniency ifl plead "GUILTY." I understand that I cannot rely 

on any promise or suggestion made to me by a government agent or officer which is not 

stated in writing, or which is not presented to the Judge in my presence in open court at the 

time of my entry of my plea of guilty. 

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

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

count: Count 1. 

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

committed that crime before my plea of "GUILTY" can be accepted. With respect to the 

charge(s) to which I am pleading guilty, I represent that I did the following acts and that the 

following facts are true: 

Count 1: On January 15, 2016, in Oregon, with the intention of depriving the 

United States of the use or the benefit of the property, I knowingly aided and 

abetted another individual to steal and convert to his use cameras and related 

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equipment owned by the United States. The cameras and equipment had a 

value of over $1000 dollars. 

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 Indictment or Information, and with a full 

understanding of the statements set forth in this Petition and in the Ce1tificate of my attorney that 

is attached to this 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 this Petition on this-'-~_ day of May, 2016. 

;\ 

/) 

I 

Scott Alan Willingham 

Defendant 

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CERTIFICATE OF COUNSEL 

The undersigned, as attorney for defendant Scott Alan Willingham, hereby certifies: 

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

Information in this case, any lesser-included offense(s), and the possible defenses which may apply 

in this case. 

2. I have personally examined the attached Petition To Enter Plea of Guilty 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 penalty 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 recommend 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 Guilty on the~ day of May, 2016. 

Page 9 - CERTIFICATE OF COUNSEL 

Richard L. FrederfCk:s 

Attorney for Defendant 

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ORDER ENTERING PLEA 

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

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

prove each of the necessary elements of the crime(s) to which the defendant has pied guilty. 

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

entered as requested in this Petition and as recommended in the Ce1iificate of defendant's attorney. 

DATED this / ') (1c~fMay, 2016, in open court. 

Page 10 - ORDER ENTERING PLEA 

' L 

The Honorable An±i'a J. Brown 

U.S. District Court Judge 

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