Case 3:16-cr-00051-BR

Document 1486

Filed 10/25/16

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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.

3:16-CR-00051-BR-6
GOVERNMENTS SENTENCING
MEMORANDUM

BRIAN CAVALIER,
Defendant.

Sentencing Date: October 25, 2016

2:30 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 Brian Cavaliers
sentencing, which is currently set for Tuesday, October 25, 2016, at 2:30 p.m.

Case 3:16-cr-00051-BR

I.

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Summary of the Governments Position

The government respectfully recommends a sentence of time-served, to be followed by a

three-year term of supervised release.

The government further recommends that such a

sentence run concurrently with any sentence imposed against the defendant in District of Nevada
Case No. 2:16-CR-00046-GMN-PAL (United States v. Cliven Bundy, et al.).
II.

Factual Background
The Presentence Investigation Report at paragraphs 21-45 accurately summarizes the

defendants offense conduct in this case.

Further, the government agrees with the guideline

calculation set forth in the defendants sentencing letter to the Court.

III.

Plea and Plea Agreement

On June 29, 2016, defendant Cavalier pled guilty to Counts 1 and 2 of the Superseding

Indictment, charging (1) Conspiracy to Impede Officers of the United States and (2) Possession
of a Firearm in a Federal Facility.

Defendant pled guilty pursuant to a plea agreement under

Rule 11(c)(1)(B). Defendant has been in custody for approximately 9 months.

After the

sentencing hearing in this case, defendant will be transported by the U.S. Marshals Service to the
District of Nevada to address his federal charges in United States v. Cliven Bundy, et al.

The

parties are jointly recommending a sentence of time-served.

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Governments Sentencing Memorandum

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Case 3:16-cr-00051-BR

IV.

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Conclusion
The government recommends a sentence of time-served, to be followed by three years of

supervised release, with the standard and special conditions listed in the Presentence
Investigation Report.
Dated this 25th day of October 2016.
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

Governments Sentencing Memorandum

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