Richard L. McBreen III

Attorney

richard@attorneyspdx.com

p. (503) 384-2420

f. (503) 384-2427

 

319 SW WASHINGTON ST

SUITE 614

PORTLAND, OR 97204

attorneyspdx.com 

Via Electronic Filing

Thursday, August 30, 2018

Honorable Michael H. Simon

U.S. District Court Judge

1000 S.W. Third Ave.

Portland, OR 97204

 

 

 RE: United States v. Shaw, Andre (AKA Joseph Stanis);

Case No. 3:15-CR-00227-SI

Dear Judge Simon:

Mr. Joseph Stanis (indicted herein as Andre Shaw) is before the Court on 

September 6, 2018 at 3:00 p.m. for sentencing. On May 9, 2018, Mr. Stanis 

pleaded guilty to a five-count Superseding Information, dated May 1, 2018.

Count 1 alleges that beginning on or about October 2011 and continuing to 

on or about July 18, 2014, in the District of Oregon, defendant Andre 

Eugene Shaw, also known as Joe Stanis, did knowingly and unlawfully 

obstruct, delay, and affect commerce and the movement of articles and 

commodities in commerce by extortion, as those terms are defined in 18 

U.S.C. § 1951, in that defendant obtained the property of “JAD” with JAD’s 

consent, induced by the wrongful use of fear, in violation of 18 U.S.C. 

§§1951(a) and 2.

Count 2 alleges that beginning on or about October 2011 and continuing to 

on or about July 18, 2014, in the District of Oregon, defendant Andre 

Eugene Shaw, also known as Joe Stanis, knowingly transmitted in 

interstate commerce, with the intent to extort from a person money and 

other things of value, communications containing a threat to injure the 

reputation of “JAD,” the addressee, or to accuse JAD of a crime, in 

violation of 18 U.S.C. §§ 875(d) and 2.

Count 3 alleges that beginning on or about January 10, 2014, and 

continuing to on or about January 24, 2014, in the District of Oregon, the 

defendant knowingly transmitted in interstate commerce, with the intent 

to extort from a person money and other things of value, a communication 

containing a threat to injure the reputation of “KAS,” the addressee, or to 

accuse KAS of a crime; in violation of 18 U.S.C. §§ 875(d) and 2.

Count 4 alleges that on or about January 24, 2014, in the District of 

Oregon, the defendant did knowingly conduct a financial transaction 

Case 3:15-cr-00227-SI Document 87 Filed 08/30/18 Page 1 of 7
August 30, 2018

Honorable Judge 

Michael H. Simon

RE: United States v. 

Shaw, Andre

2

involving the proceeds of a specified unlawful activity, namely the offense 

alleged above in Count 3 of this Superseding Information, incorporated 

herein by reference, which is an offense affecting interstate commerce, 

knowing that the transaction was designed in whole or in part to conceal 

and disguise the nature, location, source, ownership, and control of the 

proceeds of said specified unlawful activity, and knowing that the property 

involved in the financial transaction represented the proceeds of some 

form of unlawful activity; all in violation of 18 U.S.C. § 1956(a)(1)(B)(i).

Count 5 alleges that on or about December 18, 2014, in Multnomah County, 

in the District of Oregon, the defendant knowingly and unlawfully 

possessed a firearm, namely a Bushmaster XM15-E2S .223 caliber semiautomatic rifle, serial number L377455, having a barrel less than 16 inches 

in length, that was not registered to him in the National Firearms 

Registration and Transfer Record; in violation of 26 U.S.C. § 5861(d).

The Superseding Information also includes three forfeiture allegations, 

which Mr. Stanis has admitted at the time of his plea hearing. A Preliminary

Order and Final Order of Forfeiture was filed in this case, ordering the 

defendant to forfeit $105,000. Approximately $86,000 of the total 

forfeiture amount is already satisfied by the defendant based on the plea 

agreement between the parties, however, a third party, Molly Poston, has 

asserted an interest in $9,000 of the cash amount to be forfeited.

Mr. Stanis is asking the Court to follow the plea agreement between him 

and the Government and to impose a sentence of 41 months, with 

stringent but appropriate conditions of supervision as set out in the 

presentence report and as suggested by the Government.

PLEA NEGOTIATIONS AND PLEA AGREEMENT 

Mr. Stanis entered his guilty plea under Rule 11(c)(1)(B). The Court is not 

bound by the recommendations of the parties, and this plea does not carry 

a mandatory minimum sentence.

The parties have agreed that defendant’s relevant conduct, as defined in 

U.S.S.G. § 1B1.3, includes all of the unlawful conduct alleged in both the 

superseding indictment and the superseding information.

The base offense level for Count 1 is 18 under U.S.S.G. § 2B3.2(a). The 

offense level is increased under §§ 2B3.2(b)(2) & 2B3.1(b)(7) by 2, due to 

making a demand of more than $50,000. The adjusted offense level for 

Count 1 is 20.

The base offense level for Count 2 is 9 under U.S.S.G. § 2B3.3(a). The 

offense level is increased under §§ 2B3.3(b)(1) & 2B1.1(b)(1) by 8 due to 

making a demand of more than $70,000. The adjusted offense level for 

Count 2 is 17.

Counts 1 and 2 are grouped for guideline calculation purposes. U.S.S.G. § 

3D1.2(b).

The base offense level for Count 3 is 9 under U.S.S.G. § 2B3.3(a). The 

offense level is increased under §§ 2B3.3(b)(1) & 2B1.1(b)(1) by 4 due to 

making a demand of $20,000 or more. The adjusted offense level is 13.

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August 30, 2018

Honorable Judge 

Michael H. Simon

RE: United States v. 

Shaw, Andre

3

The base offense level for Count 4 is 13 under U.S.S.G. § 2S1.1(a)(1). The 

offense level is increased by 2 under § 2S1.1(b)(2)(B) due to the defendant 

being convicted under 18 U.S.C. 1956. The adjusted offense level for Count 

4 is 15.

Counts 3 and 4 are grouped for guideline calculation purposes. U.S.S.G.

§3D1.2(b).

The base offense level for Count 5 is 18 under U.S.S.G. § 2K2.1(a)(5). The 

offense level is increased by 2 under § 2K2.1(b)(1) based on the presence 

of three or more firearms. The adjusted offense level for Count 5 is 20.

Count 5 constitutes a third group for sentencing purposes. The adjusted 

offense level for Group One is 20. The adjusted offense level for Group 

Two is 15, and the adjusted offense level for Group Three is 20.

The multiple count adjustment increases the offense level by 3 under 

U.S.S.G. § 3D1.4 (2 1/2 units), which results in a combined adjusted offense 

level of 23.

The parties agree that no additional specific offense characteristics or 

cross-references as set forth in U.S.S.G. §§ 2B3.2, 2B3.3, 2K2.1, and 2S1.1, 

and that no aggravating or mitigating factors as set forth in U.S.S.G. 

Chapters Three or Five presently apply to this case.

The parties agree that Mr. Stanis should receive a 3-level reduction under 

U.S.S.G. 3E1.1 for acceptance of responsibility, resulting in a Total Offense 

Level of 20. 

Subject to a standard waiver with some limitations, the defendant has 

waived his appellate rights.

The government will move to dismiss the original and Superseding 

Indictments at the time of sentencing. In addition, the government agrees 

to neither file nor seek any new or additional federal criminal charges 

against defendant in the District of Oregon, presently known to the 

government arising out of the investigation in this case. However, that

agreement does not include any charges that may arise from anything 

contained on any computer or electronic data storage device or medium 

seized from defendant during the investigation in this case that remains 

encrypted at the time defendant entered his plea.

This case was negotiated with Assistant United States Attorney Gary 

Sussman.

SENTENCING GUIDELINE RANGE 

 

 Government PSR Mr. Stanis 

Total Offense Level 23 23 23 

Acceptance -3 -3 -3 

Total Offense 20 20 20 

Case 3:15-cr-00227-SI Document 87 Filed 08/30/18 Page 3 of 7
August 30, 2018

Honorable Judge 

Michael H. Simon

RE: United States v. 

Shaw, Andre

4

 

The parties agree that Mr. Stanis’ Criminal History Score is 0. With an 

offense level of 20, his guideline range is 33-41 months.

BACKGROUND 

 

Andre Eugene Shaw (now Joseph Stanis) was born on July 12, 1984, in 

Brooklyn, New York. He is one of three children born to Andre Moran and 

Nancy Shaw. Mr. Stanis does not have any current information about his 

father. His mother Nancy, age 57, resides in Gloversville, New York, and is 

disabled due to a back injury. The defendant has two brothers: Anthony

and Phillip Moran. Anthony, age 30, is employed as a factory worker;

Phillip, age 31, is employed as a distribution warehouse manager. Both 

brothers also reside in Gloversville.

The defendant also has a maternal half-sister, Caprice Shaw, age 39, who 

resides in Schenectady, New York, and is employed as a home health aid. 

The defendant indicated he has three paternal half-siblings that he has 

never met.

Mr. Stanis’ parents separated when he was 7 years old, and grew up poor 

and on public assistance. His father was physically abusive towards him 

and his siblings, as well as their mother. Mr. Stanis reports that his father 

“wanted to be left alone” and when the kids “got too loud” their father 

locked them in a closet or hit them with a metal studded belt. At times, the 

defendant and his siblings hid the belt and then their father would grab a 

branch to hit them. Mr. Stanis also reports that his father also abused 

alcohol and controlled substances. Mr. Stanis also believes his father sold 

guns and drugs.

Mr. Stanis’ father committed domestic violence against his mother in front 

of him and the other children on more than one occasion. Early in the 

defendant’s childhood his father was arrested for rape. It was during this 

time that the defendant’s mother relocated the family to Gloversville, New 

York, where Mr. Stanis indicates life was better. However, the move also 

exposed Mr. Stanis to more racism, which was difficult for him and his 

family. Other children called him names and he felt like he had to “defend 

his honor” so he kept to himself instead. During his childhood, Mr. Stanis 

enjoyed playing paintball with friends, and coin and fossil collecting. Mr. 

Stanis also reports attempting to run away around age 14 for reasons he 

cannot recall.

Mr. Stanis reports being introduced to alcohol around age 8 or 10. He 

explained that he eventually came to consume alcohol on a daily basis as a 

teenager. He made a fake ID at age 15 to buy alcohol and would purchase 

alcohol to consume on his way home from school. He suggests his heaviest 

alcohol use came between ages 15-17. Mr. Stanis acknowledges that alcohol 

use began to cause problems in his life, and he stopped around age 18. Mr. 

Stanis also reports cannabis use starting at age 10, with more regular use 

beginning around age 14.

Mr. Stanis says that his relationship with his mother was distant when he 

was a child, and he relates to his mother much better now that he is older. 

His mother was at some point diagnosed with PTSD and has spent years 

seeing a therapist. Mr. Stanis says that his mother is now well-rounded and 

supportive.

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August 30, 2018

Honorable Judge 

Michael H. Simon

RE: United States v. 

Shaw, Andre

5

Mr. Stanis did not have a close relationship with his sister Caprice because 

she was older and a “rebellious teenager,” when Mr. Stanis was a child. He 

does have close relationships with his brothers and they maintain regular 

contact. Mr. Stanis identifies his sister’s rape as a traumatic experience 

during his childhood. He remembers being very young and learning what 

happened, and feeling regretful he couldn’t do anything to help.

Mr. Stanis says his father was subsequently convicted of rape and sent to 

prison. He reports that he did not see his father for the rest of his 

childhood. He grew up without a father-figure or a male role model, and 

that he had to fulfill this role for his younger siblings. Mr. Stanis says the 

last time he saw his father was in either 2009 or 2010. He reports that 

upon his father’s release from prison, his father tried to resume his 

relationships with his mother, but he was unsuccessful.

Mr. Stanis attended Gloversville High School in New York. He left school 

after his arrest in 11th grade and earned his GED shortly thereafter. 

Mr. Stanis has never been married. He met the mother of his children, 

Amanda Stumbrice, while in high school, at a time when they were also 

neighbors. They had dated off and on for over 10 years, and have two 

children together—T.S., age 14, and E.S., age 9. Both children reside with 

Ms. Stumbrice in Johnstown, New York. Prior to his incarceration in this 

matter, Mr. Stanis would send Ms. Stumbrice $400 per month ($200 per 

child) and would also reimburse her for specific expenses.

Mr. Stanis reports four long-term relationships in his life. His most recent 

being with Molly Taylor (now Molly Poston) in Portland, OR. The two were 

together for six years until she ended it while he was in custody on these 

pending charges.

Mr. Stanis has been self-employed as a strategic planner. He also wrote

business plans for start-ups. Prior to that, he was self-employed writing 

custom software applications for people that contacted him through online 

job postings. It was through these building custom applications that Mr. 

Stanis ended up becoming involved in the extortion and other acts 

involved in this case.

On December 11, 2014, about a week prior to his incarceration on this case, 

Mr. Stanis’ home was invaded by an unknown individual, and the individual 

attempted to murder Mr. Stanis by firing a gun at his head. That individual 

was Shawn Bartmess, and he was charged with aggravated attempted 

murder in Multnomah County case number 14CR31767, and he is currently 

serving a 120-month prison sentence. While the case was treated as a 

“routine” burglary-gone-wrong, Mr. Stanis believes that the people he was 

working for sent the person to shoot him because the other person with 

whom he was laundering money (Jason Dunlap) was arrested and 

cooperating with authorities.

Mr. Stanis reports several health issues throughout his life. He reports a 

tumor in his knee when he was in elementary school kept him from 

participating in PE and other physical activities. He reports that he 

currently has pain in his leg and blood circulation problems. The tumor was 

never removed. Mr. Stanis reports conflicting MRIs that have suggested he 

may have a brain tumor, but that subsequent MRIs have shown to be 

negative. Mr. Stanis also notes that he was in a car accident at age 13 or 14, 

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August 30, 2018

Honorable Judge 

Michael H. Simon

RE: United States v. 

Shaw, Andre

6

and he spent about one week in the hospital. He went through the 

windshield of a car while he was on a bicycle, and he was unconscious for 

several days, and he reports periodic blackouts with a frequency of about 

once per year.

Mr. Stanis has struggled with anxiety and depression since adolescence. 

Additionally, Mr. Stanis has attempted suicide three time in his life. The 

most recent attempts came while he was in pre-trial detention on this 

case—one attempt was when he tried to hang himself with a sheet in the

kitchen and another was when he took a large number of pills in hopes of 

an overdose. He also attempted suicide while in custody when he was 

approximately 17 years old. Mr. Stanis reports that he currently does not 

have suicidal thoughts and says he has many reasons to stay alive—for 

example, he notes he wants to repair and improve his relationship with his 

children, go back to school, and find a long-term career.

Mr. Stanis reported that in approximately 2012, he began using the name 

“Joe Stanis” after moving to Portland.

MR. STANIS’ INVOLVEMENT IN THE EXTORTION SCHEME 

 

Mr. Stanis got involved with this scheme by offering his services in making 

cryptographic software over the internet. He states that the work started 

out as legitimate work—creating business plans and writing code for 

specific applications or programs. He eventually got requests from people 

he describes as “nefarious characters” that he has never personally met, at 

least knowingly. Mr. Stanis wrote code that would allow individuals or 

groups to blackmail and extort others that were involved with possessing 

and sharing child pornography online. While Mr. Stanis knew his programs 

were being used unlawfully, he justified the work because, in his view, it 

was only hurting people who deserved it. Mr. Stanis was eventually asked if 

he could produce false identification cards, which he also agreed to, and 

he began laundering money as well.

Around the time his relationship in New York was ending, he was looking 

to move away and stop doing this kind of work. However, when he 

explained that he was looking to move on from the work he was doing, the 

people he worked for offered him work and a place to stay in Portland, 

Oregon. Mr. Stanis then moved to Portland and continued producing false 

identification cards and laundering money, almost always through another 

contact, Jason Dunlap. Mr. Stanis attribues the decision to move to 

Portland to having lost his roots due to seeing the break-up of his own 

family. He admits the money was too easy and he let himself be tempted 

during one of the worst times of his life.

Ultimately, Mr. Stanis’ work allowed numerous individuals to access the

internet networks and computers of other people who downloaded child 

pornography in order to gather information about them for potential 

blackmail or extortion.

 

POST OFFENSE REHABILITATION 

 

The conditions of probation the Court sets should be designed to assist Mr. 

Stanis in becoming a meaningful participant in society, while at the same 

time closely monitoring such things like computer and internet use as he 

works towards that goal. Mr. Stanis has been in custody for approximately 

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August 30, 2018

Honorable Judge 

Michael H. Simon

RE: United States v. 

Shaw, Andre

7

45 months, and he is looking forward to achieving his goals once he is 

released. Among them are going back to school to further his education 

and repairing his relationships with his children.

Mr. Stanis acknowledges the need to increase his pro-social support 

network and find gainful employment to mitigate the risks of re-offending.

He looks forward to engaging in mental health treatment. Additionally, he 

is eager to pay off all his financial obligations regarding restitution and 

forfeiture. Mr. Stanis is very intelligent, and he is talented at the work that 

he does, and there is no doubt he can be successful at a number of 

different careers should he apply himself fully.

 

SUFFICIENT SENTENCE AND SERIOUSNESS OF THE OFFENSE 

 

The charges and conduct in this case are very serious offenses. With 

regard to Mr. Stanis however, the seriousness of the offenses are 

somewhat mitigated. For example, originally, Mr. Stanis saw some virtue in 

his actions due to the fact that the only victims of the extortion were 

people who possessed or shared child pornography. His own sister having 

been a victim of rape herself, Mr. Stanis felt sufficiently righteous, at least 

as he started this work.

Mr. Stanis also grew up with no real father figure or positive role models

and began hanging with the wrong crowd at a very young age. When his 

father was around, he would beat him or his siblings or his mother and lock 

them in the closet.

Mr. Stanis submits that a sentence a sentence of 41 months—consistent 

with the government’s recommendation, and at the upper end of the 

sentencing guidelines—based on Mr. Stanis’ full measure of acceptance of 

responsibility, and having saved the government and court the expense of,

is a fair and sufficient punishment that achieves the goals of the sentencing 

guidelines.

 

CONCLUSION 

 

The facts of this case are unique, to say the least. For the above reasons, a 

sentence of 41 months should be imposed as recommended by both Mr. 

Stanis and the Government, followed by a three-year term of supervised 

release. This sentence addresses the nature and seriousness of the criminal 

conduct that is relevant to this case, addresses Mr. Stanis’ background, 

personal history, and characteristics. Moreover, it acts as an adequate 

deterrent, promotes respect for the law, and protects the public from 

future criminality. The Court should also impose most, if not all, of the 

strict conditions of probation set forth in the Presentence Report as well as 

the government’s subsequent objection letter.

 

Sincerely,

Richard McBreen

Owens & McBreen, P.C.

Case 3:15-cr-00227-SI Document 87 Filed 08/30/18 Page 7 of 7