1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

 Richard L. Fredericks, OSB #83203

 RICHARD L. FREDERICKS, P.C.

 750 Lawrence, Suite 2

 Eugene, OR 97401

 Telephone: (541) 343-6118

 rlfred@comcast.net

 Attorney for Mr. Willingham

 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

UNITED STATES OF AMERICA,

Plaintiff,

 v.

SCOTT ALAN WILLINGHAM,

Defendant. 

 Case No. 3:16-CR-00125-BR

DEFENDANT’S SENTENCING 

MEMORANDUM 

COMES NOW Defendant, Scott Alan Willingham, by and through his attorney 

Richard L. Fredericks, and submits the following sentencing memorandum. 

 1. PLEA AGREEMENT AND SENTENCE

Pursuant to an agreement, Mr. Willingham pleaded guilty to a single count of Theft 

 of Government Property; Mr. Willingham aided in the theft of two Government 

surveillance cameras positioned outside of the Malheur National Wildlife Refuge.

The parties jointly recommend a sentence of 6 months imprisonment followed by a 

 2 year term of supervised release. As a special condition of the supervised release, the 

parties recommend that Mr. Willingham reside in a residential reentry center (or residential 

treatment center) for up to 120 days. 

The U.S. Probation Officer has recommended that Mr. Willingham not posses or 

consume alcohol during the supervised release. The defense maintains such condition is 

Richard L. Fredericks, P.C.

 Attorney At Law

 750 Lawrence St., Suite 2

 Eugene OR 97401

 541-343-6118

 Page - 1

Case 3:16-cr-00125-BR Document 25 Filed 09/14/16 Page 1 of 3
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

not at all related to the offense conduct and is not warranted by old DUII convictions 

occurring in 1987 and 1997. 

 2. FACTUAL BACKGROUND

In early January, 2016, Mr. Willingham was living in Colorado working as an 

apartment maintenance person. He randomly watched a trending YouTube video of the 

MNWR occupiers seeking aid and assistance. The video was like a clarion call; Mr. 

Willingham was generally sympathetic to the notions of Government overreach with 

respect to public lands and that the Hammonds had been treated unfairly.

Mr. Willingham quit his job and drove to the MNWR. He stayed on the refuge for 

about 3 weeks and left shortly after the death of Mr. Finicum.

For the next month or so, Mr. Willingham laid low. He was concerned that a warrant 

 was outstanding for his arrest. Mr. Willingham became very alarmed when he learned that 

 assertions had been made on internet blogs that he was operating as a government 

informant. Mr. Willingham was without financial resources or a support network. He 

decided to turn himself in and presented himself to authorities. To his surprise, law 

enforcement did not want to arrest Mr. Willingham. In order to get arrested, Mr. 

Willingham threatened to shoot agents. The threats were not serious.

Mr. Willingham entered in to a plea agreement and changed his plea not long after 

 his arrest. Again, speculation burbled on the internet that Mr. Willingham was a 

government informant. Mr. Willingham is not a Government informant. Cooperation 

was not part of his plea agreement, he has not provided information to the 

Government, and he is not a witness for the Government at the current Bundy, et al, 

trial. 

 3. THE SENTENCE

The defense asks the court to follow the recommendations of the parties.

Richard L. Fredericks, P.C.

 Attorney At Law

 750 Lawrence St., Suite 2

 Eugene OR 97401

 541-343-6118

 Page - 2

Case 3:16-cr-00125-BR Document 25 Filed 09/14/16 Page 2 of 3
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

By the time of sentencing, Mr. Willingham will have served the custodial portion of 

 his sentence. Mr. Willingham has absolutely no financial resources and no family or friend 

 support network. He does not own a car, have a wardrobe, or other basics. He asks the 

 court to immediately order him in to a residential reentry center so that he may have time to 

 become established, obtain employment, and to generally become self sufficient. Mr. 

Willingham intends to establish a new beginning for himself in the Portland area; 

placement in to a residential reentry center will afford him the opportunity to get his feet 

on the ground. 

 RESPECTFULLY SUBMITTED this 14th day of September, 2016.

RICHARD L. FREDERICKS, P.C.

 /s/ Richard L. Fredericks 

Richard L. Fredericks, OSB #832034

Attorney for Defendant Willingham

 

Richard L. Fredericks, P.C.

 Attorney At Law

 750 Lawrence St., Suite 2

 Eugene OR 97401

 541-343-6118

 Page - 3

Case 3:16-cr-00125-BR Document 25 Filed 09/14/16 Page 3 of 3