Oregon Federal Criminal Defense Lawyers

Oregon Federal Criminal Defense Lawyers: 44 Prosecutors, One State, and the Selection That Decides Your Future

Welcome to Spodek Law Group. Our goal is to help you understand something most Oregon residents never consider until it’s too late: the federal courthouse in downtown Portland operates under an entirely different legal system than Oregon’s state courts. The progressive values that shaped Oregon law – the marijuana legalization, the reduced drug penalties, the rehabilitation-focused sentencing – none of that exists once you walk through the doors of the Mark O. Hatfield Federal Courthouse.

The U.S. Attorney’s Office for the District of Oregon has 44 federal prosecutors to cover the entire state. That’s it. Forty-four people to handle every federal crime from the California border to the Washington border, from the Pacific coast to the Idaho line. They can’t prosecute everything, so they choose. And that selection process – understanding WHY certain cases become federal instead of staying state – is the first step to understanding your exposure.

Todd Spodek and the team at Spodek Law Group have defended clients facing federal charges in jurisdictions across the country, including cases that originated as state matters before federal prosecutors decided they wanted them. This article will explain how federal prosecution works in Oregon specifically, what triggers federal interest, and what options exist when those 44 prosecutors turn their attention to you.

44 Prosecutors, One State: How Federal Cases Get Chosen

The math is simple but the implications are profound. Forty-four federal prosecutors serve the District of Oregon. There are three offices – the main office in Portland, a branch in Eugene, and another in Medford. These 44 people handle drug trafficking, financial crimes, environmental violations, immigration offenses, violent crimes, and public corruption for a state with over 4 million residents.

Heres what that means in practice. Most crimes that could be federal never become federal. A drug dealer in Portland could be charged under Oregon law or federal law – the same conduct, the same evidence, completly different consequences. Oregon eliminated mandatory minimums for most drug offenses. The federal system still imposes them. Oregon focuses on treatment and rehabilitation. The federal system focuses on incarceration and deterance. Same defendant, same drugs, different universes.

So how do cases get selected for federal prosecution? The U.S. Attorney dosent randomly pick cases from a hat. There are patterns. Cartel connections get federal attention – the DEA coordinated a 46-arrest operation targeting Sinaloa Cartel activity in the Portland metro area. Environmental violations involving federal lands or interstate pollution get federal attention. Financial crimes crossing state lines get federal attention. Cases involving federal employees, federal property, or federal programs get federal attention.

The selection often happens early, before you even know your being investigated. Federal agents work with state and local police. A routine traffic stop that reveals drug quantities suggesting distribution can trigger a call to the DEA. A state tax audit that uncovers fraud affecting a federal program can trigger a referral to the FBI. By the time you learn your facing federal charges, the decision to federalize your case happened months earlier.

And heres the uncomfortable truth that most Oregon defendants dont realize until its too late. Once your case becomes federal, there’s no going back to state court. You cant plea bargain your way back to Oregon’s more lenient system. The federal charges are the federal charges, and you face them in a system with a 93% conviction rate.

The Portland Courthouse Where Oregon Law Doesnt Apply

The Mark O. Hatfield United States Courthouse sits at 1000 SW Third Avenue in downtown Portland. Its a beautiful building named after a revered Oregon senator. And inside its walls, Oregon law is basicly irrelevant.

This is were the cognitive dissonance hits hardest for Oregon defendants. You live in a state that decriminalized personal drug possession. But federal drug charges still carry mandatory minimums. You live in a state that legalized recreational marijuana in 2014. But marijuana remains Schedule I under federal law – the same category as heroin. You live in a state known for environmental protection. But federal environmental prosecutions here are aggressive, treating violations as crimes rather then regulatory matters.

The courthouse itself tells the story. Six federal judges serve lifetime appointments. They’re nominated by the President and confirmed by the Senate – not elected by Oregonians, not accountable to Oregon voters. The laws they apply are federal laws, written by Congress, interpreted by federal appeals courts. Oregon’s ballot initiatives, Oregon’s legislature, Oregon’s values – none of it matters inside those courtroom doors.

OK so lets talk about what this means for different types of cases. If your charged with drug trafficking in federal court, your facing federal sentencing guidelines that calculate punishment based on drug quantity. A kilogram of heroin triggers a 10-year mandatory minimum. Five kilograms triggers a 20-year mandatory minimum. Oregon’s drug reform laws that emphasize treatment over prison? Completly irrelevant. The federal judge will apply the federal sentencing guidelines, and you’ll serve at least 85% of whatever sentence you recieve.

The same disconnect applies to firearms cases. Oregon has relativley permissive gun laws. Federal firearms law is aggressivley prosecuted in this district. Felon in possession of a firearm carries a mandatory minimum of 15 years if you have three prior convictions for violent felonies or serious drug offenses. The “armed career criminal” enhancement transforms cases that might be misdemeanors under state law into decades of federal prison time.

Heres another reality that catches Oregon defendants off gaurd. Probation dosent exist in the federal system – not the way Oregon handles it. Theres “supervised release” which comes AFTER you serve your prison sentance. So if your thinking federal court means you might get probation instead of prison, that expectation is completly wrong. You serve prison time first, then supervised release. The sequance matters becuase it eliminates the very outcome most state defendants hope for.

Think about what this means if your facing investigation. The question isnt just what you did – its were the case ends up. State court means Oregon law, Oregon judges, Oregon juries, Oregon sentencing. Federal court means a completly different system that happens to be located in the same city. The building is in Portland, but the law could be from anywhere.

Marijuanas Dangerous Illusion: Legal in Salem, Criminal in Federal Court

This is were Oregon’s unique legal landscape creates genuinely dangerous confusion. Marijuana is legal for recreational use under Oregon law. You can buy it at hundreds of licensed dispensaries. You can grow it for personal use. The state collects millions in cannabis taxes. The industry employs thousands of Oregonians.

And every single day, that same industry operates in technical violation of federal law.

Heres the reality that most cannabis business owners dont fully internalize. Federal law hasnt changed. Marijuana remains a Schedule I controlled substance under the Controlled Substances Act. Every sale, every cultivation, every distribution – all of it violates federal law. The only reason the industry exists is becuase the federal government has chosen not to prosecute. Chosen. Not been prohibited from prosecuting. Chosen not to – which means they can choose differently whenever they want.

And when cannabis crosses state lines, the federal government does prosecute. In April 2024, the DEA announced $6 million worth of Oregon properties forfeited in connection with interstate marijuana trafficking. Thats not ancient history. Thats last year. Properties in Oregon – a legal marijuana state – forfeited to the federal government for marijuana trafficking.

The pattern is clear. Stay entirely within Oregon’s legal framework? The feds generaly leave you alone. Let product flow to other states – even states were marijuana is also legal? That triggers federal interest. Use banks in ways that involve federal deposit insurance? That triggers federal interest. Employ undocumented workers? That triggers federal interest. The bubble of state legality is thin and easily popped.

In September 2021, a coordinated operation led by DEA and Oregon State Police executed search warrants on 25 Oregon residences. They seized nearly 33,000 marijuana plants, 1,800 pounds of packaged marijuana, 23 firearms, and more than $591,000 in cash. The ringleader recieved 30 months in federal prison for conspiracy to manufacture marijuana. Not in a prohibition state – in Oregon, were marijuana is legal.

Let that sink in for a moment. Thirty months in federal prison for marijuana – in a state that sells it in stores with credit card machines. The disconnect is staggering but absolutley real. Oregons state licencing system provided zero protection becuase the feds dont recognise state marijuana licences. Every grower, every processer, every dispensary owner operates under a legal fiction that could collapse the moment federal prosecutors decide theyve crossed a line.

The lesson is brutal but simple: Oregon’s marijuana legalization protects you from Oregon prosecution, not federal prosecution. The moment your operation touches federal interests – interstate commerce, banking, immigration, firearms – the protection evaporates. You become a drug trafficker in federal court, no different than someone running heroin.

When the Cartel Connection Makes Your Case Federal

Drug trafficking cases in Oregon have increasingly involved cartel connections, and cartel involvement almost automaticaly triggers federal prosecution. The sophistication, the violence, the interstate and international dimensions – all of it screams for federal resources.

Consider the case unsealed in 2022. A Mexican national residing in Clackamas County was charged with conspiring to possess with intent to distribute controlled substances, killing while engaged in drug trafficking, distribution of heroin and methamphetamine, and fraud and misuse of a visa. The defendant, Marcos Alonso Castillo-Bernal, was connected to a drug trafficking organization responsible for the kidnapping and murder of a Washington State man.

This is what federal drug prosecution looks like when cartels are involved. Its not just the drugs – its the violence, the intimidation, the cross-border logistics. The killing-while-engaged-in-drug-trafficking charge alone carries a potential sentence of death or life imprisonment. There’s no plea bargain to a treatment program. There’s no diversion. There’s federal prison until you die, or something close to it.

The 46-arrest Sinaloa Cartel operation showed how deeply organized crime has penetrated Oregon’s drug market. This wasnt small-time dealers. This was an organized criminal enterprise with direct connections to one of the most dangerous drug trafficking organizations in the world. And when federal prosecutors dismantled that network, everyone connected to it faced federal consequences.

Heres were defendants make catastrophic mistakes. They think there small role means there safe. They think being one step removed from the actual cartel operatives provides protection. It dosent. Conspiracy law means you can be charged with the entire scope of the conspiracy, not just your individual actions. If you knew you were part of an organization trafficking drugs, your liable for the organizations conduct – even conduct you didnt know about specifically.

The sentences reflect this. Albino Miranda Camarillo of Woodburn recieved 108 months – nine years – for a combination of meth possession with intent to distribute, felon in possession of firearms, food stamp fraud, and illegal reentry. Multiple charges, each one serious, stacking to create a federal prison sentence that would destroy most peoples lives.

And theres no parole in the federal system. You serve at least 85% of whatever sentence you recieve. If your sentenced to 10 years, your serving at least 8 and a half. If your sentenced to 20 years, your serving at least 17. Federal time is real time.

Heres were defendants make there second catastrophic mistake. They assume cooperation will dramaticaly reduce there sentence. Sometimes it does. But cooperation in cartel cases is dangereous – physicaly dangereous. The government can offer witness protection, but that means abandoning your life in Oregon permanantly. New identity, new location, no contact with family or friends who arent in the program. Thats the price of cooperation when cartels are involved.

Environmental Prosecution in the Pacific Northwest

Oregon’s natural resources – its forests, its rivers, its coastline – create a unique category of federal criminal exposure. The Environmental Crimes Task Force in the District of Oregon brings together federal, state, and local agencies to prosecute violations of environmental law. And in Oregon, with its timber industry and its waterways, environmental prosecution is a priority.

The J.H. Baxter case shows what environmental prosecution looks like. A wood treatment facility in Eugene knowingly mishandled hazardous waste and repeatedly violated the Clean Air Act. The company vented hazardous substances directly into the air, across the street from peoples homes. On more than 100 different days, the company illegaly boiled off hazardous waste. Then the president lied to cover it up.

The result: $1.5 million in criminal fines. Individual criminal liability for the company president. A facility that had operated for decades suddenly became a federal crime scene.

For businesses operating in natural resource industries, this creates serious exposure. Timber operations, mining operations, manufacturing facilities with emissions or discharges – all of it falls under federal environmental law. The Clean Water Act, the Clean Air Act, RCRA for hazardous waste – these arent just regulatory frameworks. There criminal statutes with federal prosecution attached.

And heres what makes environmental cases particularly dangerous. The violations often happen over years, creating extensive paper trails and physical evidence. Soil samples, water samples, air monitoring data, internal emails discussing compliance problems – prosecutors can reconstruct a pattern of knowing violations going back decades. The evidence dosent disappear when you stop polluting. Its literally in the ground.

The U.S. Attorney’s Office encourages reporting of environmental crimes through its website. Whistleblowers, disgruntled employees, competitors – anyone can trigger an investigation. Once investigators start looking at your environmental compliance, they have tools state regulators dont: grand jury subpoenas, federal search warrants, the threat of criminal prosecution rather then civil fines.

Think about the vulnerabilty this creates for Oregon buisnesses. A former employee who feels wronged can file a complaint. A competitor who wants you out of the market can report suspisions. An enviromental activist group can demand an investigation. And once the investigation starts, years of records become subject to scrutiny. The EPA dosent forget, and the evidence is literaly burried in the ground waiting to be tested.

The Ninth Circuit Difference: What Appeals Mean for Oregon Defendants

Oregon sits within the Ninth Circuit Court of Appeals, and this matters more than most defendants realize. The Ninth Circuit is often characterized as more defendant-friendly than circuits in other parts of the country. Cases that might be routine affirmances in the Fifth Circuit or the Eleventh Circuit face real scrutiny in the Ninth.

What does this mean practically? It means appeals matter in Oregon federal cases. It means preserving issues for appellate review isnt just box-checking – its strategic. It means an unsuccessful trial can lead to a successful appeal if the right objections were made at the right times.

The Supreme Court reverses the Ninth Circuit more often then any other circuit – around 79% of the cases accepted for review. But thats somewhat misleading. The Supreme Court accepts relatively few cases, and it tends to accept cases were it disagreees with the circuit court. For the vast majority of Ninth Circuit decisions that the Supreme Court never reviews, the Ninth Circuits interpretation stands.

For defendants, the Ninth Circuits relatively defendant-friendly jurisprudence creates opportunities. Fourth Amendment challenges to searches may have more traction here then elsewhere. Sentencing arguments that would fail in conservative circuits might succeed. The circuit has been more receptive to criminal justice reform arguments generally.

But this advantage only matters if you preserve the issues at trial. If your trial attorney dosent object to the search, dosent challenge the evidence, dosent raise the constitutional arguments – you cant raise them on appeal. The Ninth Circuit can only review what the trial court decided. If the trial court was never asked to decide an issue, the appellate court wont consider it.

This is why federal defense in Oregon requires thinking about the case from day one as a potential appellate matter. What objections need to be made? What motions need to be filed? What record needs to be created? The trial isnt the only opportunity – its the foundation for the appeal that might follow.

Before You Face the 44: Getting Ahead of Federal Interest

If your reading this article, you may already be aware of federal interest in your case – or you may be trying to understand your exposure before anything happens. Either way, understanding the selection mechanism is the first step.

The question isnt whether youve broken a law. The question is whether youve done something that rises to federal attention. Drug quantities suggesting distribution rather then personal use. Financial transactions crossing state lines. Environmental violations affecting federal waterways or federal lands. Employment of undocumented workers. Use of the federal banking system in connection with illegal activity. Any connection to organized crime.

If your activity touches federal interests, you need to understand that state-level thinking wont protect you. Oregon’s progressive criminal justice reforms apply in state court. Federal court is a different world.

At Spodek Law Group, Todd Spodek and our team have represented clients at every stage of federal investigation and prosecution. Weve seen cases were early intervention prevented charges entirely. Weve seen cases were strategic positioning before indictment led to more favorable resolutions. Weve seen cases were aggressive defense at trial resulted in acquittals that seemed impossible on paper.

The 44 prosecutors in the District of Oregon have to choose there cases carefully. Understanding what makes them choose – and what might make them look elsewhere – is the beginning of any effective defense strategy.

Call us at 212-300-5196. The consultation is confidential. Whether your facing investigation, indictment, or simply trying to understand your exposure, early involvement creates options that dissapear once the federal machinery starts moving.

The Mark O. Hatfield Courthouse will apply federal law regardless of Oregon’s values. The question is how you respond – and whether you have counsel who understands both the law and the institution enforcing it.