Page 1-MOTION TO EXTEND SELF-SURRENDER DATE AND SET BRIEFING 

SCHEDULE ON MOTION FOR RELEASE PENDING APPEAL

Ruben L. Iñiguez

Assistant Federal 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,

v.

WINSTON SHROUT,

Defendant.

Case No. 3:15-cr-00438-JO-1

MOTION TO EXTEND SELFSURRENDER DATE AND SET 

BRIEFING SCHEDULE ON MOTION 

FOR RELEASE PENDING APPEAL

The defendant, Winston Shrout, through his attorney, Ruben L. Iñiguez, moves 

the Court to extend the current date by which he is to self-surrender to begin serving his

sentence for seven weeks (i.e., until January 14, 2019, or a date that is convenient to the 

Court), and to set a briefing schedule for the parties to submit their respective legal 

memoranda on the motion for release pending appeal currently being researched and 

prepared by defense counsel. Counsel has not been able to determine the government’s 

position with respect to this motion.

Case 3:15-cr-00438-JO Document 165 Filed 11/15/18 Page 1 of 3
Page 2-MOTION TO EXTEND SELF-SURRENDER DATE AND SET BRIEFING 

SCHEDULE ON MOTION FOR RELEASE PENDING APPEAL

MOTION

On October 22, 2018, the Court sentenced Mr. Shrout to 120 months’ imprisonment 

following his convictions for willful failure to file tax returns (six counts) and producing, 

presenting, and shipping fictitious financial instruments (13 counts). ECF 161. The Court 

ordered him to self-surrender to the Federal Prison Camp at Sheridan, Oregon, to begin 

serving his sentence by 2:00 p.m. on Monday, November 26. Id.

On October 26, Mr. Shrout filed a timely notice of appeal. ECF 163. During the 

past two weeks, defense counsel has been diligently researching and drafting a motion 

for release pending appeal. Among other things, the motion requires Mr. Shrout to 

demonstrate that his appeal “raises a substantial question of law or fact” that is likely to 

result in reversal, an order for a new trial, a sentence that does not include a term of 

imprisonment, or a reduced sentence to a term of imprisonment that is less than the total 

of the time already served plus the expected duration of the appeal process. 18 U.S.C. § 

3143(b). Although the content of the motion for release pending appeal is not identical 

to that of the opening brief on appeal, its preparation requires effective appellate counsel:

(1) to review the entire record—pretrial, trial, and sentencing—which, in this particular 

case, is voluminous; (2) to winnow out the most meritorious issues for appeal; (3) to 

perform factual and legal research to ensure the issues are supported; and (4) to draft, 

edit, and finalize the motion.

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Page 3-MOTION TO EXTEND SELF-SURRENDER DATE AND SET BRIEFING 

SCHEDULE ON MOTION FOR RELEASE PENDING APPEAL

Despite defense counsel’s best efforts to prioritize the motion for release pending 

appeal while handling his regular case-related obligations, additional time is necessary 

to complete the motion. Not only is counsel teaching at a legal seminar in California from 

November 14 to November 17, but he is also scheduled to be away from the office for the 

Thanksgiving holiday from November 18 to 25.

CONCLUSION

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

enter an Order extending the current self-surrender date for seven weeks, that is, until 

January 14, 2019, or a date that is convenient to the Court. He also requests that the Court 

set the following briefing schedule:

Motion for release pending appeal—due December 7;

Responsive brief—due December 28;

Reply brief—due January 8, 2019; and 

Hearing—on January 14, 2019.

RESPECTFULLY submitted this 15th day of November, 2018.

/s/ Ruben L. Iñiguez

Ruben L. Iñiguez

Attorney for Defendant

Case 3:15-cr-00438-JO Document 165 Filed 11/15/18 Page 3 of 3