PAGE 1 – UNOPPOSED MOTION FOR AUTHORIZATION TO TRAVEL

Ruben L. Iñiguez

Assistant Federal Public 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,

vs.

WINSTON SHROUT,

Defendant.

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

UNOPPOSED MOTION FOR 

AUTHORIZATION TO TRAVEL

The defendant, Winston Shrout, through counsel, Ruben L. Iñiguez, moves the 

Court to enter an Order authorizing him to return to Puerto Vallarta, Mexico, to undergo 

further spinal surgical procedures not available in the United States before sentencing on 

Case 3:15-cr-00438-JO Document 127 Filed 03/07/18 Page 1 of 6
PAGE 2 – UNOPPOSED MOTION FOR AUTHORIZATION TO TRAVEL

May 17, 2018.1 Neither the government, through Stuart A. Wexler, United States Trial 

Attorney, Department of Justice Tax Division, nor the U.S. Pretrial Services Office, 

through Christina Song, opposes this motion.

FACTUAL BACKGROUND

Mr. Shrout is 69 years old. He has no prior criminal history. He made his first 

appearance in U.S. District Court in Portland more than 26 months ago. CR 8. He 

appeared pursuant to a summons on January 7, 2016. Id. The Court ordered his release

on the condition that he “provide a current address and phone to Pretrial Services.” CR

7. During the hearing, Mr. Shrout advised that he was scheduled to leave the United 

States on a cruise destined for Mexico for business purposes. CR 67. The government 

opposed his request to travel to Mexico. The Court ultimately declined to impose any 

restrictions on his travel, domestic or international, and expressly authorized him to 

travel to Mexico, as planned. Mr. Shrout traveled to Mexico and timely returned to 

Oregon without incident.

 

1 Mr. Shrout traveled to Mexico three times while pending trial. Two visits were for 

medical purposes. He underwent initial spinal surgery in November 2016, and hip replacement 

surgery in February 2017, approximately two months before trial. He traveled to Mexico with 

the approval of U.S. Pretrial Services on both occasions, had surgery, remained for a short period 

of physical rehabilitation, and timely returned to Oregon.

Case 3:15-cr-00438-JO Document 127 Filed 03/07/18 Page 2 of 6
PAGE 3 – UNOPPOSED MOTION FOR AUTHORIZATION TO TRAVEL

A few months later, in November 2016, Mr. Shrout traveled to Mexico again. It 

was during this second visit that he underwent an initial regimen of surgical procedures 

intended to repair six damaged discs in his lower vertebrae. The spinal damage had been 

limiting his mobility and causing him substantial pain. He remained in Mexico for 

approximately one month.

In February 2017, approximately two months before his jury trial was scheduled 

to begin, Mr. Shrout traveled to Mexico a third time. Again, he provided the Pretrial 

Services Office advance notice of his travel plans.2 While in Mexico, he underwent hip 

replacement surgery. Following surgery, he remained in Mexico for approximately three 

weeks undergoing physical rehabilitation. He then returned to Oregon, as promised, less 

than two weeks before his trial commenced. He subsequently appeared for each day of 

his four-day trial on April 18, 19, 20, and 21. CR 102-105.3

On April 21, 2017, the jury returned guilty verdicts on Counts 1-19 of the 

Superseding Indictment. CR 105. Following Mr. Shrout’s conviction, the Court 

 

2 While he was on pretrial release, the Court did not require Mr. Shrout to obtain prior 

judicial authorization to travel outside Oregon. Nevertheless, his Pretrial Services Officer, Chris 

Song, confirms that he informed her about his travel plans in advance.

3 In addition to his three trips to Mexico, Mr. Shrout traveled on more than one occasion 

to other states (i.e., Nevada and Utah) to visit his wife and family while he was pending trial. As 

always, after visiting with them, he returned to Oregon without incident, as promised.

Case 3:15-cr-00438-JO Document 127 Filed 03/07/18 Page 3 of 6
PAGE 4 – UNOPPOSED MOTION FOR AUTHORIZATION TO TRAVEL

scheduled sentencing and entered an Order Modifying Conditions of Pretrial Release. 

CR 106. The Court directed as follows:

Travel is limited to Oregon unless prior approval is obtained from the 

Court. Surrender any passport or international travel documents to 

Pretrial Services or submit a statement to Pretrial Services that the 

defendant does not possess a passport or international travel 

documents. The defendant is not to apply for a new passport or 

international travel documents.

Id. (emphasis added). Later that same day, Mr. Shrout surrendered his passport to 

Pretrial Services, as directed. He has not applied for a new passport or any other 

international travel documents.

On June 5, 2017, the Court granted Mr. Shrout’s first unopposed motion requesting 

judicial authorization to travel to Nevada and Utah for the purpose of visiting his wife, 

children, and newest grandchild. CR 114 & 115. On June 8, prior to his departure, he 

voluntarily participated in a presentence interview with the Probation Office in Portland. 

Approximately one month later, after having visited his family in Nevada and Utah, 

Mr. Shrout returned to Oregon without incident.

Two months later, on August 17, the Court granted Mr. Shrout’s second 

unopposed motion requesting judicial authorization to return to Utah to assist his wife 

before, during, and after her own hip replacement surgery. CR 118 & 120. In September, 

following his wife’s surgery in St. George, Utah, Mr. Shrout underwent surgery to repair 

Case 3:15-cr-00438-JO Document 127 Filed 03/07/18 Page 4 of 6
PAGE 5 – UNOPPOSED MOTION FOR AUTHORIZATION TO TRAVEL

a hernia. He remained in Utah for approximately one month before returning to Oregon 

without incident.

On December 8, 2017, the Probation Office submitted a draft presentence 

investigation report (“PSR”) to both parties. The parties subsequently submitted their 

respective objections and/or clarifications to draft PSR. The final PSR has yet to be 

produced. A sentencing hearing is now scheduled for May 17, 2018. CR 126.

UNOPPOSED MOTION

Mr. Shrout asks the Court to approve his unopposed request to travel from Oregon 

to Puerto Vallarta, Mexico, before sentencing on May 17, 2018. The purpose of the trip is 

to undergo a second round of surgery to complete the repair of his lower spine. The 

medical procedure consists of the direct injection of juvenile stem cells into each of the 

six damaged discs in his vertebrae. The operation, which is unavailable in the United 

States, but commonplace in Mexico, must be performed at a hospital using specialized 

equipment to ensure there is no injury to the spinal column. Medical personnel in Mexico 

require advance notice to prepare for the procedure as the stem cells must be harvested 

from umbilical cord material from recent births, as they become available. A short 

recovery period following the surgery will also be required.

Case 3:15-cr-00438-JO Document 127 Filed 03/07/18 Page 5 of 6
PAGE 6 – UNOPPOSED MOTION FOR AUTHORIZATION TO TRAVEL

Mr. Shrout intends to remain in Mexico for approximately one month so that he 

may undergo and recover from the spinal surgery. He will return to Oregon before his 

sentencing hearing on May 17.

4

CONCLUSION

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

grant his unopposed motion and approve his request for authorization to travel to Mexico 

so that he may undergo spinal surgery before sentencing on May 17, 2018.

RESPECTFULLY SUBMITTED this 7th day of March, 2018.

/s/ Ruben L. Iñiguez

Ruben L. Iñiguez

Assistant Federal Public Defender

 

4 If permitted to return to Mexico, Mr. Shrout intends to fly from Portland to Puerto 

Vallarta with his partner, Patricia Bekken. He will provide his Pretrial Services officer with the 

names, addresses, and phone numbers for his surgeon and medical facility in Mexico before he 

departs. Although he will require his passport to travel to and from Mexico, he agrees to return 

it to Pretrial Services no later than three days after his return.

Case 3:15-cr-00438-JO Document 127 Filed 03/07/18 Page 6 of 6