Sei sulla pagina 1di 5

Case 6:19-cr-00373-AA Document 20 Filed 01/19/21 Page 1 of 5

FILED19 ,JAN "21 0864USDG-iJRE

PORTLAND MAIN OFFICE EUGENE BRANCH


1000 SW Third Avenue, Suite 600 405 E 8th Avenue, Suite 2400
Ponland, Oregon 97204 Eugene, Oregon 97401
(503) 727-1000 (541) 465-6771
www.usdoj.gov/usao/or

Jeffrey S. Sweet U.S. DEPARTMENT OF JUSTICE MEDFORD BRANCH


Assistant U.S. Attorney United Slates Attorney's Office 310 West Sixth Street
feff.sweet@usdoj.gov District of Oregon Medford, Oregon 97501
(541) 465-6771 (541) 776-3564
Billy J. Williams, United States Attorney
Reply ID _Eugene Office

December 21, 2020

Kelly R. Beckley
Beckley & Bans
. Allomey at Law
I 66 Club Road, Suite 360
Eugene, Oregon, 97401

Re: United States v. William Hamann, Case No. 6:19-cr-00373-AA


Plea Agreement Letter

Dear Kelly:

l. · Parties/Scope: This plea agreement is between this United States Attorney's Office
(USAO) and defendant, and thus does not bind any other federal, state, or local prosecuting,
administrative, or regulatory authority. This agreement does not apply to any charges other than
those specifically mentioned herein in paragraph 5. · ·

2. Charges: Defendant agrees to plead guilty to count two of the indictment, which charges
the crime of sex trafficking of a mirior, in violation of 18 U.S.C. §§ 1591(a)(l) and (b)(2).

3. Penalties: The maximum sentence is life in prison with a mandatory'minimum sentence


of l O years' imprisonment, a fine of $250,000, a term of supervised release of five years to life,
and a $100 fee assessment. Should defendant's supervised release be revoked, he may be ·
sentenced to up to five years' imprisonment. Defendant agrees to pay the fee assessment by the
time of entry of guilty plea or explain to the Court why this cannot be done. Unde1· 18 U.S.C.
§ 3014(a), each·count of conviction can-ies an additional $5,000 fee assessment for non-indigent
persons.

4. Sex Offender Registration: Defendant understands that under the federal Sex Offender
vle,--.f... Registration and Notification Act, he must register as a sex offender and keep the registration
current in any state in which he resides, is employed, or is a student. Defendant understands that he
must update his registration no later than three business days following any change of name,

Revised May 2018


Case 6:19-cr-00373-AA Document 20 Filed 01/19/21 Page 2 of 5

Re: William Hamann Plea Agreement Letter


Page 2 ·
December 21, 2020

residence, employment, or student status. Defendant further understands that failure to comply with
iJ(.,v\ these obligations may subject him to prosecution under federal and/or state law for failing to
register as a sex offender.

5. - . Dismissal/No Prosecution: The USAO will move at the, time of sentencing to dismiss
Ck\ any remaining counts against defendant. The :USAO further agrees not to bring additional
w charges against defendant in the District of Oregon arising out of this investigation, known to the
USAO at the time of this agreement.

Additionally, the USAO has spoken with Lane County Deputy District Attorney
Katherine Green, who is prosecuting defendant in Lane County Circuit Court Case No.
l 9CR49541. DDA Green has infom1ed the USAO that provided that defendant pleads guilty
pursuant to this agreement and is sentenced to at least 160 months' imprisonment in this federal
case, and that defendant pleads guilty in Case No. l 9CR4954 l to count 2, Sodomy, and count 3,
Sex Abuse II, the District Attorney's Office will stipulate to a 20-month prison sentence, to be
served consecutively to the instant case. The remaining details of the agreement with defendant
in Case No. l 9CR49541 will be set forth in a separate plea offer in that case.

6. Elements and Factual Basis: In order for defendant to be found guilty of count two of
the indictment, the government must prove the following elements beyond a reasonable doubt:

First, the defendant knowingly obtained, patronized, solicited and enticed a person to
engage in a commercial sex act;

Second, the defendant knew that the person had not attained the age of 18 yeai·s and
would be caused to engage in a commercial sex act; and

Third, the defendant's acts were in or affecting interstate or foreign commerce.

The government's investigation revealed that beginning in 2018 and continuing thi'ough
July 2019, defendant solicited and patronized a minor female to engage in a commercial sex act,
knowing that she was a minor. On three occasions, including on June 26, 2019, defendant met
with the minor, paid her for oral sex, and recorded the sex act. The minor was 15 and 16 ye<).rs
old during the sex acts, and the conduct occun·ed in the District of Oregon. Defendant was
arrested on July 26, 2019 when he came to meet the minor for sex for a fourth time. His phone
was searched and a recording of a previous meeting and sex act was located. Defendant
arranged the meetings with the minor using online social media and a digital device which was
manufactured outside of the United States.

Ve,V7. . Sentencing Factors: The parties agree that the Cou11 must first dete1mine the applicable
advisory guideline range, then determine a reasonable sentence considering that range and the

Revised May 2018


Case 6:19-cr-00373-AA Document 20 Filed 01/19/21 Page 3 of 5

Re: William Hamann Plea Agreement Letter


Page 3
December 21, 2020

factors listed in 18 U.S.C. § 3553(a). Where the parties agree that sentencing factors apply, such
agreement constitutes sufficient proof to satisfy the applicable evidentiary standard.

y. 8. Applicable Guidelines: The parties agree that the following guidelines apply
\NC · (defendant does not agree to the 5-level enhancement for Repeat and dangerous sex offender
pursuant to USSG § 4B I .S(b )(I), but he does not contest that ~e engaged in prohibited sexual
conduct with a minor on at least two separate occasions); because the § 201.3 guidelines for this
offense cross references the higher§ 2G2. l guidelines, the§ 2G2. l guidelines are used:

Base offense level [§ 2G2.1] _ 32


Minor less than 16 years of age [§ 2G2. l (b )(I)] +2
Commission of a.sexual act[§ 2G2. 1(b)(2)(A)] +2
Use of a computer[§ 2G2. l(b)(6)] +2
Repeat and dangerous sex offender[§ 4B 1.·s(b)(l )] +5
Adjusted offense level · 43

-1' 9. Acceptance of Responsibility: Defendant must dernonstrate to the Court that defendant
......,c fully admits and accepts responsibility under USSG § 3El .1 for defendant's unlawful conduct in
this case. If defendant does so, the USAO will recommend a three-level reduction in defendant's
offense level (two levels if defendant's offense level is less than sixteen). The USAO reserves
the right to change this recommendation if defendant, between plea and sentencing, commits any.
criminal offense, obstructs or attempts to obstruct justice as explained in USSG § 3Cl.1, or acts
inconsistently with acceptance of responsibility as explained in USSG § 3El. I. -

, ,c..,V\ 10. Sentencing.Recommendation: It is the intent of the parties that.defendant receive a total
V" federal and state sentence of 180 months' imprisonment. To achieve this, the parties will
recommend a sentence of 160 months in the instant case, to be served consecutively to a 20-
month sentence in Lane County Circuit Court Case No. I 9CR4954 I;

e,\/\. 11. Additional Departures, Adjustments, or Variances: The parties will jointly
vJ recommend a variance pursuant to 18 U.S.C. § 3553(a) as necessary to achieve a sentence of 160
months. ·

12. . Waiver of Appeal/Post-Conviction Relief: Defendant knowingly and voluntarily


waives the right to appeal from any aspect of the conviction and sentence on any grounds, except
for a claim that: (I) the sentence imposed exceeds the statutory maximum, or (2) the Court
a1Tives at an advisory sentencing guideline range by applying an upward departure under the
provisions of Guidelines Chapters 4 or SK, or (3) the Court exercises its discretion under 18
U.S.C. § 3553(a) to impose a sentence which exceeds the advisory guideline sentencing range as
detem1ined by the Court. Should defendant seek an appeal, despite this waiver, the USAO may
take any position on any issue on appeal. Defendant also waives the right to file any collateral

Revised May 2018

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - · ------- ·- - ---
Case 6:19-cr-00373-AA Document 20 Filed 01/19/21 Page 4 of 5

Re: William Hamann Plea Agreement Letter


Page 4
December 21 , 2020

attack, including a motion under 28 U.S.C. § 2255, challenging any aspect of the conviction or
sentence on any grounds, except on grounds of ineffective assistance of counsel, and except as
provided in Fed. R. Crim. P. 33 and 18 U.S.C. § 3582(c)(2). In the.event that defendant's
conviction under this agreement is vacated, the government may reinstate and/or file any other
charges, and may take any position at a resentcncing hearing, notwithstanding any other
provision in this agreement.

,_,.it>?- 13. Court Not Bound: The Court is not bound by the recommendations of the parties or of
the presentence report (PSR) writer. Because this agreement is made under Rule 11 (c)( 1)(B) of
the Federal Rules of Criminal Procedure, defendant may not withdraw any guilty plea or rescind
this plea agreement if the Court does not follow the agreements or recommendations of the
parties.

vJ 00- 14. · Full Disclosure/Reservation of Rights: The USAO will fully inform the PSR writer and
the Comt of the facts and law related to defendant's case. Exceptas set forth in this agreement,
the parties reserve all other rights to make sentencing recommendations and to respond to
motions and arguments by the opposition.

v! rJ<'- 15. Breach of Plea Agreement: If defendant breaches the terms of this agreement, or
commits any new criminal offenses between signing this agreement and sentencing, the USAO is
relieved of its obligations under this agreement, but defendant may not withdraw any guilty plea.

If defendant believes that the government has breached the plea agreement, defendant
must raise any such claim before the distric;t court, either prior to or at sentencing. If defendant
fails to raise a breach claim in district court, defendant has waived any such claim and is
precluded from raising a breach claim for the firsl time on appeal.

\rl c)A I 6. Restitution: The Court shall order restitution to the victim in the full amount of the
victim's losses as determin_ed by the Court. Defendant agrees to pay restitution for all losses
proximately caused by his conduct, regardless of whether counts of the indictment or information
dealing with such losses will be dismissed as part of this plea agreement. Here, because
defendant possessed child pornography, specifically a video of the minor victim, he agrees that
pursuant to 18 U.S.C. § 2259(b)(2)(B), restitution shall be ordered in an amount no less than
$3,000.
\,J (,YI.
17. Forfeiture Terms: By signing this agreement, defendant knowingly and voluntarily
fo1feits all right, title, and interest in and to all assets which are subject to forfeiture pursuant to
18 U.S.C. § 2253, including the following: One Hewlett Packard Envy 700 PC Series desktop
computer tower, model 700-216, bearing serial number MXX440 I C.l W, with power cord and
two (2) Logitech wireless receivers; Two (2) Silver Seagate Free Agent external hard drives,
1,000GB each; One Western Digital external hard drive, 640GB, model WD6400AAKS~

Revised May 2018


Case 6:19-cr-00373-AA Document 20 Filed 01/19/21 Page 5 of 5

Re: William Hamann Plea Agreement Letter


Page 5
December 21, 2020

22A7B2; One black Apple iPhone 7Plus, model Al661 (no serial number identified); and One
. silver Apple MacBook Pro laptop, bearing serial number CPWJPl SWTY3. Defendant agrees
not to contest entry ofa Final O.rder of Forfeiture reflecting these forfeiture terms at the
I
I
I
conclusion of the criminal case.

v-'12,y\ 18. Memorialization of Agreement: No promises, agreements, or conditions other than


those set forth in this agreement will be effective unless memorialized in writing and signed by
all parties listed below or confirmed on the record before the Court. If defendant accepts this
offer, please sign and attach the original of this letter to the Petition to Enter Plea .

.vJ. e-"}9_ Deadline: This plea offer expires if not accepted by January 19, 2021 at 5:00 p.m., and
may be revoked al any time prior to acceptance.

Sincerely,

BILLY J. WILLIAMS·
United States Attorney

s/ Je[frev S. Sweet
JEFFREY S. SWEET
Assistant United States Attorney
iI
I
I
I have carefully reviewed every part of this agreement with my attorney. I understand
and voluntarily agree to its terms. I expressly waive my rights to appeal as outlined in this
I!
I
agreement. I wish to plead guilty because, in fact, I am guilty.·

/ 7--7./t - '2.020
Date Defendant
WILLIAM CANTU HAMANN .

I represent the defendant as legal counsel. I have carefully reviewed every part of this
agreement with defendant. To my knowledge, defendant's decisi s to make this agreement and
to plead guilty are informed and voluntary ones.

Revised May 20 I8