BILLY J. WILLIAMS, OSB #901366 

United States Attorney 

District of Oregon 

ETHAN D. KNIGHT, OSB #992984 

GEOFFREY A. BARROW 

CRAIG J. GABRIEL, OSB #012571 

Assistant United States Attorneys 

ethan.knight@usdoj.gov

geoffrey.barrow@usdoj.gov 

craig.gabriel@usdoj.gov

1000 SW Third Ave., Suite 600 

Portland, OR 97204-2902 

Telephone: (503) 727-1000 

Attorneys for United States of America 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

UNITED STATES OF AMERICA 

 v. 

TRAVIS COX, 

 Defendant.

3:16-CR-00051-BR-24

GOVERNMENT’S SENTENCING 

MEMORANDUM

Sentencing Date: August 7, 2017

9:00 a.m.

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

District of Oregon, and through Ethan D. Knight, Geoffrey A. Barrow, and Craig J. Gabriel, 

Assistant United States Attorneys, submits this memorandum for defendant Travis Cox’s 

sentencing, which is currently set for Monday, August 7, 2017, at 9:00 a.m. 

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Government’s Sentencing Memorandum Page 2

I. Summary of the Government’s Position 

The government is recommending a sentence of 2 years of probation, with a special 

condition, among others, that defendant be confined to home detention for a period of 4 months. 

II. Factual Background 

On July 20, 2016, defendant Travis Cox pleaded guilty under Rule 11(c)(1)(B) to Count 1 

of the Superseding Indictment, charging Conspiracy to Impede Federal Officers by Force, 

Threat, or Intimidation under 18 U.S.C. § 372. 

After extensive pretrial litigation and two jury trials, the Court is well aware of the facts 

surrounding the occupation of the Malheur National Wildlife Refuge (“MNWR”) from January 2 

through February 11, 2016. That background is also set forth in paragraphs 19–40 of the 

Presentence Investigation Report (“PSR”). 

With respect to Mr. Cox’s specific Offense Conduct, paragraphs 36–38 of the PSR are 

instructive: 

36. In January 2016, T. Cox occupied the MNWR. Photographs and videos 

showed that members of the conspiracy, including T. Cox, openly carried firearms 

while at the refuge. Specifically T. Cox performed armed guard duty at the refuge 

on a regular basis. One photo showed T. Cox patrolling on the refuge, with a rifle 

slung over his shoulder, and a video showed T. Cox with a handgun on his hip on 

the refuge in the bunk house. On January 26, 2016, T. Cox’s Facebook account 

posted “let it be known, that free men stood against tyrants. If I die here, I go with 

love in my heart, and brothers by my side.” 

37. According to a sign-in sheet kept at the refuge, starting on January 9, 

2016, T. Cox occupied the refuge until he eventually left late at night on January 26, 

2016. . . . He was ultimately arrested in Utah a couple months later. Defendant 

self-surrendered on April 12, 2016, in Cedar City, Utah, on the federal warrant. 

He was transferred to U.S. Marshals custody on April 14, 2016. 

38. Subsequent to the last of the occupiers surrendering . . . the FBI Evidence 

Response Team searched the refuge buildings and grounds. During the search, 

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Government’s Sentencing Memorandum Page 3

the FBI recovered a Remington .308 caliber rifle, which had been purchased by T. 

Cox just a few months before the occupation. 

III. Advisory Sentencing Guidelines Calculation 

The government recommends that the Court adopt the following guideline calculation: 

 The Base Offense Level is 10 under U.S.S.G. § 2X1.1(a) and U.S.S.G. § 2A2.4(a). 

 Because a dangerous weapon (including a firearm) was possessed and its use was 

threatened, a 3-level upward adjustment applies under U.S.S.G. § 2A2.4(b)(1)(B) and 

U.S.S.G. § 1B1.3(a)(1)(B). 

 For defendant’s acceptance of responsibility, a 2-level downward adjustment applies 

under U.S.S.G. § 3E1.1. 

 Because the offense was calculated to influence or affect the conduct of government by 

intimidation or coercion, or to retaliate against government conduct, a 3-level upward 

departure applies under Application Note 4 to U.S.S.G. § 3A1.4. 

 For defendant’s early disposition of this complex case, a 4-level downward variance

applies under 18 U.S.C. § 3553(a).

Defendant Travis Cox therefore has a Total Offense Level of 10. This same Total 

Offense Level of 10 was previously agreed upon by the parties, but the method of calculation 

above is slightly different from the plea agreement. See PSR, at Note 1. 

 Defendant has no prior criminal history. In Criminal History Category I, Offense Level 

10 yields an advisory guideline range of 6–12 months in Zone B.

IV. Government’s Recommendation

Pursuant to the plea agreement, the government is recommending a sentence at the low 

end of Offense Level 10. In particular, the government is recommending a sentence of 2 years 

of probation, with the standard conditions for the District of Oregon and the special conditions 

listed in the Presentence Investigation Report. The government further recommends that a term 

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Government’s Sentencing Memorandum Page 4

of home detention be imposed on defendant as a special condition of probation. The 

government recommends that defendant receive credit for the 2 months that he spent in pretrial 

custody, so a term of 4 months of home detention (rather than 6 months) would be appropriate. 

While the government supports all of the recommended special conditions listed in the 

PSR, it is especially important to the victims in this case that the defendant be subject to the 

following conditions: 

 “You must not occupy, reside on, or camp in any federal land without the prior approval 

of the probation officer” (Proposed Special Condition No. 7); and 

 “You must not enter onto any federal lands managed by the U.S. Bureau of Land 

Management, the U.S. Fish and Wildlife Service, the National Park Service, or the U.S. 

Forest Service without prior approval of the probation officer” (Proposed Special 

Condition No. 8). 

V. Restitution 

 The Court has set a schedule for restitution determinations in this case. That schedule 

will extend beyond 90 days of defendant’s sentencing hearing. See ECF. No. 2119; see also 18 

U.S.C. § 3664(d)(5). The government therefore requests that at defendant Travis Cox’s 

sentencing hearing, the Court state on the record that some restitution is applicable, but leave the 

amount open for more than 90 days. See Dolan v. United States, 560 U.S. 605 (2010). 

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Government’s Sentencing Memorandum Page 5

VI. Conclusion 

 For the reasons stated above, and pursuant to the plea agreement, the government 

respectfully recommends a sentence of 2 years of probation, with a special condition of 4 months 

of home detention. 

 Dated this 31st day of July 2017. 

 Respectfully submitted, 

 BILLY J. WILLIAMS 

 United States Attorney 

 s/ Craig J. Gabriel 

 ETHAN D. KNIGHT, OSB #992984 

 GEOFFREY A. BARROW 

 CRAIG J. GABRIEL, OSB #012571 

 Assistant United States Attorneys 

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