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United States of America v. Rebecca Jeanette Rubin - defence sentencing submission

United States of America v. Rebecca Jeanette Rubin - defence sentencing submission

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Published by Maclean's Magazine
Defendant's sentencing memorandum, United States District Court, District of Oregon, Portland Division, January 27, 2014
Defendant's sentencing memorandum, United States District Court, District of Oregon, Portland Division, January 27, 2014

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Published by: Maclean's Magazine on Jan 27, 2014
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07/17/2014

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Richard J. Troberman, WSB
No.
6379
Attorney
at
Law
520
Pike
Streer, Suite 2500Seattle,
WA
98101-1385tmanlaw@aol.com
(206)
343-11
1
1
(telephone)
(206)
3
40
-
193
6
(facs
imile)Attorney
for
Defendant
Rebecca
Rubin
IN
THE
UNITED
STATES
DISTRICT
COURT
FOR THE DISTRICT
OF
WASHINGTON
AT
EUGENEUNITED
STATES
OF
AMERICA,
1
)
Plaintiff, )
No.6:06-cr-60011-AA
)
No. 6:13-cr-00465-AA
v. I
*o.
6:13-cr-00471-AA
I
REBECCA
RUBIN.
)
DEFENDANT'S SENTENCING
)
MCTUORANDUM
Defendant.
)
)
SENTENCING:
January
27
,2014
(Portland)
I.
FACTUAL
BACKGROUND.
Between 1997
and2001,
Rebecca
Rubin ("Rebecca" herein) was sporadically involved
with
a
group
of
loosely aligned
individuals
on
behalf of
the
Animal
Liberation Front
and
the
Earth
Liberation
Front.
She has been
charged
in
three
separate
indictments
with
committing
a
total
of
four
arsons
or
attempted
arsons.
The
first
occurred on November
30,
1997
at the
BLM
Wild
Horse
Corral
at
Burns, Oregon, where
Rebecca
was
a
last
minute
recruit.
In
October
of
1998,
Rebecca
was
involved in
an
aborted attempt to
commit
an
arson
at
Vail
Colorado,r
On December
22,
1998,
Rebecca,
again
a
last
minute
recruit,
was
involved
in
an
unsuccessful arson
attempt
at
I
The
arson
was successfully
completed
by
other co-conspirators
a
few
days later.
DEFENDANT'S SENTENCING MEMORANDUM -
1
!"#$ &'()*+,*--./(*00 12+34$56 / 7 $ -( << (. =">$ ( 2 )@ =">$ A1B' C.
 
U.S.
Forest
Industries in
Medford,
Oregon.2 The
last
offense in
which
Rebecca was
involved
was
an
arson
at
the
BLM Wild
Horse Corrals
at
Litchfield,
California
on
October
15,
200L
Followingthat
arson,
Rebecca
returned
to
her
home
in
Canada
and had
no
further participation
in
any
unlawful activity.
The specifics
of
these
offenses,
as
well
as
numerous other offenses
committedby
variousmembers
of
the
conspiracy,
are
chronicled
in
the Government's
Sentencing
Memorandum
filed
in this
Court
on
May 4,2007
.
The
Court
is
well
versed
in
the
conduct
attributed to
Rebecca,
and
no
useful purpose
can be served
by
repeating
the
details
here.
Suffice
it
to
say,
however,
that the
defendant,
the
Government,
and
the Probation
Office all
agree
that Rebecca was
substantially
less
culpable
than
the
average
participant
in
each
of
these
offenses.
In
fact,
one
of
the
lead
investigators
in
the case,
retired
FBI
Special
Agent
Jane
Quimby,
describes Rebecca as
"a low
level
participant
in
the
arsons,"
someone
"who really
walked
the
walk
and talked the
talk
when
it
came to
helping animals.
"
The
Accidental Terrorist, PetraBartosiewicz,
CounterPunch,
January
14,2011.
Significantly,
Rebecca
was never
a
member
of
the
"Book
Club;"
never
attended any
of their meetings;
and
she
had
no
involvement
in
drafting
any
of
the
communiques
that
were
issued
following
each arson.Rebecca
ended
her
involvement
in
criminal activity
following
the
Litchfield
arson
in
2001.
She
returned to
Canada,
where
she
re-directed
her
efforts
in
positive
and
constructive
ways.
From
2001
to 2006
she
worked
with
animals
as a
veterinary
assistant and
in
wildlife
rehabilitation.
She
was
fully
invested
in
the
work
she
had always wanted
to do:
healing
and releasing
(lawfully)
healthy
and
well-equipped
animals back
into
the
wild,
and
had
finally
found her true calling.
2
That
arson was
successfully completed
a
week later
by
other co-conspirators.DEFENDANT'S SENTENCING
MEMORANDTJM
-
2
!"#$ &'()*+,*--./(*00 12+34$56 / 7 $ -( << (. =">$ < 2 )@ =">$ A1B' CC
 
In
2006,
Rebecca
learned that
she
had been charged
with
these
offenses.
She
was alarmed
and
terrified to
see
herself compared to
Osama
Bin
Laden in
the
news,
and
she
read
that
she
couldbe
facing up
to
life
in
prison.
Fear
overwhelmed
her,
and
she
could not
bring
herself to returnto
the
United
States.
Years
of
living
"underground,"
lonely
and alone and
in
constant fear that
she
would
be
discovered, took
its
toll.
Rebecca
retained counsel
in
British
Columbia
and began
the process
of trying to
resolve her
case(s). In
2009 the undersigned counsel began
a
dialogue
with
the
United
States
Attorneys Office
in
the
District
of
Oregon in
an
effort
to
reach
a
resolution.
After
months of discussions
and
negotiations,
a
tentative
agreement was reached
with
the
Districtsof
Oregon
and
Colorado,
and Rebecca
was about
to
surrender.
However,
at
the eleventh
hour
it
was realized
that
Rebecca
was
also charged
separately
in
the
Eastern
District
of
California.
Despite the
efforts of
the
United
States
Attorneys
offices
in
both Oregon
and
Colorado
to persuade
the
United
States
Attorney
for
the
Eastern
District
of
California
to
sign
off
on
the
proposed
agreement, he
would
not
agree
to dismiss
a
30 year
mandatory
minimum
charge,
and
the
tentative
disposition
fell
apart.3
Two
years
later,
Rebecca asked
counsel to
try again.
This
time, in
mtd-2012,
the
Eastern
District of
California
signed
off
on
the
tentative disposition,
and
Rebecca
agreed
to
surrender.
Ironically,
when
she
attempted
to
surrender to authorities in
Canada,
they
would
not
take
her
into
custody.
In
a
"Catch
22"
situation,
they claimed that
she
was
not
a
risk
of
flight
because
she
was
trying
to
turn
herself
in.
They
also
did
not regard her
as
a
danger
to
the
community, given
the
age
of
the offenses,
and
there was
no extradition warrant.
Rebecca agreed
to
waive extradition,
and
on
November
29,2012,
arrangements were
3
No
other defendant was
required
to
plead
to
this
charge. In fact, most
of
the
other
defendants
whowere involved
in
the
Litchfield
arson,
including
Stanislas
Meyerhoff, Kevin
Tubbs, Jennifer
Kolar,
and
Briana Waters, were never
charged
with
any offense in connection
with
that
arson.DEFENIDANT'S
SENTENCING MEMORANDUM
.
3
!"#$ &'()*+,*--./(*00 12+34$56 / 7 $ -( << (. =">$ ) 2 )@ =">$ A1B' C&

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