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. 

JOSEPH O’SHAUGHNESSY, 

 Defendant.

3:16-CR-00051-BR-3

GOVERNMENT’S SENTENCING 

MEMORANDUM

Sentencing Date: March 15, 2018

3:00 p.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 Joseph 

O’Shaughnessy’s sentencing, which is currently set for Thursday, March 15, 2018, at 3:00 p.m. 

Case 3:16-cr-00051-BR Document 2590 Filed 03/12/18 Page 1 of 4
Government’s Sentencing Memorandum Page 2

I. Summary of the Government’s Position 

The government is recommending a sentence of time served, to be followed by 2 years of 

supervised release. 

II. Factual Background 

On August 1, 2016, defendant Joseph O’Shaughnessy 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 17–38 of the 

Presentence Investigation Report (“PSR”). 

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 5-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 3-level downward variance

applies under 18 U.S.C. § 3553(a).

/ / / 

Case 3:16-cr-00051-BR Document 2590 Filed 03/12/18 Page 2 of 4
Government’s Sentencing Memorandum Page 3

Defendant O’Shaughnessy therefore has a Total Offense Level of 13. This same Total 

Offense Level of 13 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 is in Criminal History Category I. In Criminal History Category I, Offense 

Level 13 yields an advisory guideline range of 12–18 months in Zone C. 

IV. Joint Sentencing Recommendation

Pursuant to the plea agreement, the parties are jointly recommending a sentence of time 

served. The government had previously agreed to recommend a sentence at the low-end of 

Offense Level 13 (i.e., 12 months); however, defendant has already served more than 12 months 

in custody between both this case and his Nevada case, which was dismissed earlier this year. 

The government believes that a sentence of time served, to be followed by 2 years of supervised 

release, is sufficient, but not greater than necessary, to comply with the factors set forth in 18 

U.S.C. § 3553(a). 

V. Restitution 

 Defendant O’Shaughnessy has previously stipulated to a $7000 restitution order in this 

case. See ECF No. 2259. 

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Case 3:16-cr-00051-BR Document 2590 Filed 03/12/18 Page 3 of 4
Government’s Sentencing Memorandum Page 4

VI. Conclusion 

 For the reasons stated above, the government respectfully recommends a sentence of time 

served, to be followed by 2 years of supervised release, with the standard conditions for the 

District of Oregon and the special conditions listed in the Presentence Investigation Report. 

 Dated this 12th day of March 2018. 

 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 

Case 3:16-cr-00051-BR Document 2590 Filed 03/12/18 Page 4 of 4