District of Montana
Press releases recorded for this federal judicial district.
Jess James Rutherford, Jr. Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on October 22, 2013, before Chief U.S. District Judge Dana L. Christensen, JESS JAMES RUTHERFORD, JR., a 28-year-old resident of Heart Butte and an enrolled member of the Blackfeet Tribe, was sentenced to a term of:
- ison: 24 months
- ecial Assessment: $100
- pervised Release: 3 years
RUTHERFORD was sentenced in connection with his guilty plea to assault resulting in serious bodily injury.
In an Offer of Proof filed by Assistant U.S. Attorney Ryan G. Weldon, the government stated it would have proved at trial the following:
On April 23, 2013, the victim was interviewed about the assault by RUTHERFORD. The victim and RUTHERFORD had dated for eight months. On the night in question, the victim stated that RUTHERFORD was drinking with his friends, and the friends left. The victim explained that she was also drinking and she lived in the house with RUTHERFORD at that time. Despite living together, RUTHERFORD locked the victim outside. The victim wanted back inside to get her bag. RUTHERFORD told her that he burned her bag but eventually let her inside.
The beating then ensued. RUTHERFORD threw the victim to the ground, stomped on her, and punched her repeatedly. Specifically, RUTHERFORD stomped on the victim's neck, back, and legs. He was hitting her with a "backhand" at first, but then, when she was on her belly, he started stomping on her, and eventually stomped on her chest. Pictures showed deep bruising on her chest.
The victim explained that RUTHERFORD was calling her names while he was hitting her. Her underwear were also torn. She stated that RUTHERFORD was trying to pull her pants down, and he ripped her underwear off. He was also dragging her around by the hair.
The victim stated that she was not knocked unconscious, and RUTHERFORD, when kicking her, was wearing regular tennis shoes. The victim did not know why RUTHERFORD stopped.
The beating lasted for approximately a half hour, beginning at 2:30 a.m. After the beating, the victim waited for RUTHERFORD to fall asleep so that she could leave. She then ran to a neighbor.
After arriving at the neighbor's house, the victim went to the hospital. The attending physician stated that the victim had two broken ribs on her left side. The victim also had a bilateral and impacted nasal fracture. The victim described her pain as a ten out of ten, with ten being the worst. The victim described in an interview two days after the assault that her fingers and mouth were still numb.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that he will likely serve all of the time imposed by the court. In the federal system, he does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Bureau of Indian Affairs.
Freddy Wayne Jimenez Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on October 22, 2013, before Chief U.S. District Judge Dana L. Christensen, FREDDY WAYNE JIMENEZ, a 40-year-old resident of Browning, was sentenced to a term of:
Prison: 210 months
Special Assessment: $1,000
Supervised Release: 3 years
JIMENEZ was sentenced after a federal district court trial in which he was found guilty of (6) counts of assault resulting in serious bodily injury, and (4) counts of assault with a dangerous weapon.
Assistant U.S. Attorney Ryan G. Weldon prosecuted the case for the United States.
At trial, the following evidence and testimony was presented to the jury.
In 2012, JIMENEZ beat and strangled his wife on two occasions. JIMENEZ's wife was left with broken ribs that were floating in her body, a fractured finger, and while strangling her, JIMENEZ said, "I'm gonna hurt you so bad you won't be able to do nothing."
Over a period of years, JIMENEZ also tortured his children. He cut them with machetes, hit them with metal bars, broke beer bottles over them, slammed them into vehicles. JIMENEZ even told outsiders that he wanted one of his sons dead and that he was going to kill his entire family. Although JIMENEZ claimed to have never touched his children, other than spanking one of them one time, JIMENEZ wrote a letter wherein he admitted, "I beat up my wife and kids."
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that he will likely serve all of the time imposed by the court. In the federal system, he does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Federal Bureau of Investigation and the Bureau of Indian Affairs.
Felipe Jesus Parra-Flores Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on October 21, 2014, before Chief U.S. District Judge Dana L. Christensen, FELIPE JESUS PARRA-FLORES, a 46-year-old resident of Nampa, Idaho and Medicine Lake, was sentenced to a term of:
Prison: 60 months
Special Assessment: $100
Forfeiture: computers and hard drives
Supervised Release: 15 years
PARRA-FLORES was sentenced in connection with his guilty plea to receipt of child pornography.
In an Offer of Proof filed by Assistant U.S. Attorney Cyndee L. Peterson, the government stated it would have proved at trial the following:
In May 2012, as part of a Montana Internet Crimes Against Children Task Force (ICAC) investigation, agents downloaded known child pornography files from an IP address they determined was in Medicine Lake. The agents determined the same computer was also accessing the Internet from an address in Nampa, Idaho (as well as Montana) from February 2012 through August 2012. Agents determined the common denominator between the two residences connected to those IP addresses was PARRA-FLORES.
A search warrant for the IP subscriber's Medicine Lake residence and PARRA-FLORES pickup truck was obtained. The IP subscriber was PARRA-FLORES' employer.
On September 9, 2012, agents executed the warrant. No one was at the residence. That afternoon, agents located PARRA-FLORES driving a semi-truck and trailer. PARRA-FLORES consented to the search of his truck. A laptop and external hard drives were located. PARRA-FLORES admitted they were his and signed a consent to search the items. PARRA-FLORES admitted there would be files depicting child pornography on his laptop, and that it was his child pornography.
The forensic examiner located over 1,000 files which depicted images and videos of child pornography on PARRA-FLORES' laptop and hard drives. A file sharing program (LimeZilla) was installed, and the examiner determined that some of the files depicting child pornography had been downloaded via the file sharing program. The file creation date range was August 2, 2012, through September 6, 2012.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that he will likely serve all of the time imposed by the court. In the federal system, he does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Internet Crimes Against Children Task Force (ICAC), the U.S. Department of Homeland Security - Homeland Security Investigations, Montana Department of Criminal Investigation, and the Customs and Border Patrol Air Interdiction.
Don Edward Lyle Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on September 24, 2013, before Chief U.S. District Judge Dana L. Christensen, DON EDWARD LYLE, a 53-year-old resident of Troy, was sentenced to a term of:
- ison: 36 months
- ecial Assessment: $100
- pervised Release: 5 years
LYLE was sentenced in connection with his guilty plea to conspiracy to possess with intent to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica A. Betley, the government stated it would have proved at trial the following:
In early April 2013, undercover law enforcement agents and a confidential informant (CI) began to buy methamphetamine from Jesus Heriberto Ramirez-Soto in Troy.
During the evening of April 5, 2013, the CI was with Ramirez and LYLE at Ramirez's home in Troy. The CI mentioned to Ramirez and LYLE that he had a friend who wanted to purchase methamphetamine.
The next day, on April 6, 2013, Ramirez called the CI and said that LYLE would be traveling to Kalispell with the methamphetamine. Later that evening, undercover agents met with LYLE in Kalispell. Stuart Morgan Pattie also accompanied LYLE on the methamphetamine deal. The agents paid LYLE $5,400 for three ounces of methamphetamine and received an additional ounce from LYLE with the understanding that the agents still owed LYLE for the last ounce.
On April 11, 2013, the CI placed a call to Ramirez to set up another methamphetamine deal. Ramirez told the CI that he could provide the CI's friends with pounds of methamphetamine. The agents called Ramirez and agreed to meet on Saturday, April 13, 2013, in Havre to buy methamphetamine. Ramirez agreed to sell the agents two pounds of methamphetamine for $50,000.
That afternoon, Ramirez met an agent in a parking lot and said his friends would be there shortly. Ramirez then discussed possible future drug deals and left the parking lot. A half hour later, LYLE and Pattie pulled up next to the agent. Pattie got out of the car and got into the agent's car with the methamphetamine wrapped in a shirt. Agents then arrested Ramirez, Pattie, and LYLE. Agents recovered more than 500 grams of a substance containing a detectable amount of methamphetamine.
Ramirez and Pattie pled guilty to federal charges.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that he will likely serve all of the time imposed by the court. In the federal system, he does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the U.S. Department of Homeland Security - Homeland Security Investigations and the Montana Division of Criminal Investigation.
Derek Tyson Bellamy Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on October 21, 2013, before U.S. District Judge Donald W. Molloy, DEREK TYSON BELLAMY, a 31-year-old resident of Billings, was sentenced to a term of:
- ison: 63 months
- ecial Assessment: $100
- pervised Release: 3 years
BELLAMY was sentenced after a federal district court trial in which he was found guilty of being a felon-in-possession of a firearm.
Assistant U.S. Attorney Brendan P. McCarthy prosecuted the case for the United States.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that he will likely serve all of the time imposed by the court. In the federal system, he does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Darryl Lynn Big Hair Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on October 24, 2013, before U.S. District Judge Sam E. Haddon, DARRYL LYNN BIG HAIR, a 41-year-old resident of Crow Agency, was sentenced to a term of:
- ison: 12 months
- ecial Assessment: $100
- pervised Release: 3 years
BIG HAIR was sentenced in connection with his guilty plea to the use of a communications facility (cell phone) to help bring about a conspiracy to possess with the intent to distribute marijuana.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica T. Fehr, the government stated it would have proved at trial the following:
On July 20, 2010, a Yellowstone County Sheriff(s Office Deputy initiated a traffic stop on a black 2010 Mercedes Benz SUV after running the license plate and determining that the owner had a valid arrest warrant. The owner of the vehicle, Joseph Chartraw, provided a false name to the deputy but ultimately admitted the individual's name. A narcotics-detecting K-9 was called to the scene and positively alerted on the vehicle for the presence of narcotic odors. The vehicle was impounded pending a search warrant application. A subsequent search yielded airline tickets, a cell phone, documents, $14,154 in cash, and user amounts of marijuana.
Pursuant to the search warrant, detectives had the cellular telephone seized from the vehicle analyzed. The contents revealed that Chartraw had been involved with selling hundreds of pounds of marijuana, as well as transporting tens of thousands of dollars in cash. Some of the text messages on the phone blatantly discussed prices for pounds of marijuana, smuggling bulk cash via the airlines, having bulk cash from drug proceeds deposited into bank accounts, and dealing marijuana to the Indian reservations in Montana. According to the text messages on the phone, marijuana was distributed to Browning, Polson, Crow Agency, as well as Havre, St. Ignatius, Great Falls, Missoula, Cut Bank, Lolo, and other places throughout Montana.
One of the subjects having drug-related communications with the owner of the vehicle stopped in Yellowstone County was BIG HAIR. On June 23, 2010, BIG HAIR and Chartraw exchanged a series of text messages arranging for BIG HAIR to pick up marijuana from one of Chartraw's distributors for future distribution to BIG HAIR's clients.
BIG HAIR was interviewed and admitted to distributing marijuana he purchased from Chartraw and to using his cellular telephone to arrange his drug deals with Chartraw in furtherance of the conspiracy.
Chartraw pled guilty to federal charges.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that he will likely serve all of the time imposed by the court. In the federal system, he does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the High Intensity Drug Trafficking Area (HIDTA) Task Force.
Bruce Wayne Eagleman, Jr. Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Helena, on October 24, 2013, before U.S. District Judge Sam E. Haddon, BRUCE WAYNE EAGLEMAN, JR., a 25-year-old resident of Crow Agency and an enrolled member of the Crow Tribe of Indians, was sentenced to a term of:
- ison: 405 months
- ecial Assessment: $100
- pervised Release: 5 years
EAGLEMAN was sentenced in connection with his guilty plea to second degree murder.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica A. Betley, the government stated it would have proved at trial the following:
On November 23, 2011, the Hardin City Court ordered EAGLEMAN to participate in the 24/7 sobriety program in Bighorn County. EAGLEMAN had just been arrested for disorderly conduct, criminal trespass to property, an open container violation, and possession of drug paraphernalia. He pleaded guilty to disorderly conduct after he admitted to drinking a gallon of gin on the day of his arrest.
The 24/7 sobriety program became law in Montana on October 1, 2011. The program is designed to address the most serious alcohol offenders in the state, and also, to verify that these people are not drinking and driving. Pursuant to this program, the Hardin Court ordered EAGLEMAN to take a breath test twice a day - the first between 7 a.m. and 9 a.m. and the second between 7 p.m. and 9 p.m.
The Hardin City Court was also familiar with EAGLEMAN due to his previous driving under the influence conviction. On July 11, 2008, EAGLEMAN pleaded guilty to driving under the influence of alcohol after he stated he drank twelve, 24-ounce, cans of beer. EAGLEMAN, who is 25-years-old, also has never had a valid driver(s license.
During the morning of December 29, 2011, EAGLEMAN's mother drove him from Crow Agency to Hardin to take his morning breath test. EAGLEMAN and his mother then returned to Crow Agency. Sometime in the early afternoon, EAGLEMAN took his mother's 2006 Dodge Durango and said he was leaving to go check the mail. Instead, EAGLEMAN left the house and met up with V.F.
EAGLEMAN and V.F. drove to a friend's house in Crow Agency. Everyone discussed driving to Hardin. Shortly thereafter, EAGLEMAN, V.F., and a friend drove to Hardin. EAGLEMAN drove his mother's Durango. EAGLEMAN and V.F. had already drank four malt liquors earlier in the afternoon. As EAGLEMAN drove to Hardin, the friend said EAGLEMAN began to drive more erratically.
EAGLEMAN first drove to a pawn shop, where he pawned a few items and received $10. EAGLEMAN used the $10 to buy a liter of Nikolai gin. EAGLEMAN next drove to another pawn shop. At the pawnshop, an employee observed that EAGLEMAN was extremely intoxicated. She saw EAGLEMAN leave and get in the driver's seat of the Durango.
After leaving the pawn shops, EAGLEMAN made a few more stops for gas and at another friend's house. Finally, he drove to the grocery store where he purchased two cans of Mike's Hard Lemonade and left the store. EAGLEMAN dropped the friend off in Hardin, which left just V.F. in the car with EAGLEMAN. EAGLEMAN then drove back to Crow Agency.
EAGLEMAN drove back to Crow Agency by way of the two-lane East Frontage Road. Initially he drove in the correct lane of travel - the southbound lane. At approximately 5:40 p.m., however, EAGLEMAN crossed into the northbound lane of the road and directly in front of S.S.'s oncoming car. S.S. attempted to drive to the left to avoid the oncoming crash, but was unsuccessful. The passenger side of EAGLEMAN's Durango collided with the passenger side of S.S.'s car in the northbound lane of traffic - the correct lane of traffic for S.S. A witness drove up almost immediately thereafter and saw EAGLEMAN in the driver's seat of the Durango.
Responding medical and law enforcement saw that V.F. was still alive, but he could not breathe well. He died shortly thereafter. S.S. had two other passengers in her car, both of whom died on scene. An ambulance transported S.S. to the hospital where she died. EAGLEMAN suffered minor injuries and was released from the hospital. Soon after the crash, at 6:52 p.m. that evening, his blood alcohol content was .257. He also tested positive for opiates and THC.
Bruce Eagleman killed four people on the Crow Indian Reservation while driving drunk. The Montana United States Attorney's Office takes very seriously the danger of drunk driving in Indian Country. This sentence imposed today will not bring back the four people he killed, but it will justly punish Mr. Eagleman for his actions and serve as deterrence to the general public from engaging in similar criminal conduct." said U.S. Attorney Michael W. Cotter.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that EAGLEMAN will likely serve all of the time imposed by the court. In the federal system, EAGLEMAN does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Federal Bureau of Investigation, the Montana Highway Patrol, and the Bureau of Indian Affairs.
Mary Agnes Leider Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on October 22, 2013, before U.S. District Judge Donald W. Molloy, MARY AGNES LEIDER, a 25-year-old resident of Crow Agency and an enrolled member of the Crow Tribe of Indians, was sentenced to a term of:
- ison: 262 months
- ecial Assessment: $100
- stitution: $11,113.25
- pervised Release: 5 years
LEIDER was sentenced in connection with her guilty plea to second degree murder.
In an Offer of Proof filed by Assistant U.S. Attorneys Jessica T. Fehr and Lori Harper Suek, the government stated it would have proved at trial the following:
On December 3, 2012, at approximately 4:06 a.m., 911 operators from the Big Horn County Sheriff's Office began receiving phone calls that they identified as coming from the area of mile marker 11 on Highway 313, south of Hardin. Operators dispatched law enforcement and an ambulance in response.
When they arrived at the scene, law enforcement found LEIDER and her brother, A.L., sitting off to the side of the road, crying uncontrollably. LEIDER told law enforcement that her baby was "gone", and had been hit by a vehicle. As additional law enforcement officers arrived, there was another 911 call that dispatched additional law enforcement to mile marker 19, Highway 313, to respond to another 911 emergency call regarding a deceased 3-year-old child. Upon arrival at the scene, law enforcement were met by G.D. and her son, W.L. G.D. is the mother of LEIDER, A.L., and W.L. G.D. took an officer to her car, where the officer found a 3-year-old female. The child was examined and appeared to already be deceased. The child was identified as LEIDER's daughter.
Later on that day, law enforcement interviewed G.D. She advised that her daughter, LEIDER, and her two sons had been out partying during the evening of December 2, 2012, and had taken the victim with them. G.D. reported that she had repeatedly called and text-messaged her children in order to have LEIDER come home with the victim, but LEIDER refused. Early in the morning hours of December 3, 2012, G.D. reported that she left to find LEIDER and the victim, and was traveling towards Hardin. As she was traveling north on Highway 313, she saw LEIDER's pickup traveling towards her. Both vehicles stopped, and G.D. saw that LEIDER's pickup was being driven by W.L. W.L. told Ms. Denny that something was wrong with the victim - LEIDER's three-year-old daughter. G.D. saw the victim in the back seat, and realized she was not breathing and not responsive. W.L. told G.D. that LEIDER had thrown the victim from the pickup. When G.D. picked the victim up, she saw blood coming from the back of her head. She called an ambulance and put the victim in her car.
W.L. was interviewed by law enforcement and reported that he was driving LEIDER's pickup early in the morning on December 3, 2012. W.L. reported that LEIDER was seated in the front passenger's seat, with the victim on her lap. At the time, the victim was quiet, but awake. While they were driving south towards St. Xavier, LEIDER opened the front passenger door with her right hand, and threw the victim out of the moving pickup. W.L. and the reconstructionist from the Montana Highway Patrol estimated the truck was traveling between 45 and 51 miles per hour at the time the victim was thrown from the truck. W.L. stopped as fast as he could, and threw LEIDER out of the truck with A.L. W.L. went back down the road behind the truck to where the victim was lying in the roadway. W.L. reported that he knew she was dead, but carried her back to the truck and placed her in the back seat. He began driving towards home, leaving LEIDER and his brother A.L. by mile marker 11 where they were ultimately found by law enforcement a short time later.
Following the arrival of law enforcement at the scene, LEIDER was taken to Hardin Memorial Hospital to have her blood drawn, and for treatment for abrasions to her face. Her blood alcohol level was found to be over a .24 when analyzed by the FBI Laboratory. While there, she alternated between saying, "I killed my baby" and claiming that the group had a car accident and that was how the victim had died. When questioned by law enforcement, LEIDER admitted that she had been driving around and drinking with her brothers, but claimed that she hit her face on the dashboard and could not recall how the victim was killed. LEIDER's pickup was impounded and towed to a law enforcement facility for analysis. The right front passenger door was analyzed by a professional mechanic and it was found that the door functioned properly.
An autopsy was conducted of the victim. Following the autopsy, the victim's probable cause of death was determined to be severe head injuries caused when thrown from a moving motor vehicle.
The crime occurred within the exterior boundaries of the Crow Indian Reservation.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that LEIDER will likely serve all of the time imposed by the court. In the federal system, LEIDER does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Bureau of Indian Affairs and the Federal Bureau of Investigation.
Former Blackfeet Tribal Chairman Sentenced to Prison in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on October 21, 2013, before Chief U.S. District Judge Dana L. Christensen, PATRICK CHARLES THOMAS, a 55-year-old resident of Cut Bank, was sentenced to a term of:
* Prison: 12 months, and 1 day
* Special Assessment: $100
* Restitution: $162,865.36
* Supervised Release: 3 years
THOMAS was sentenced in connection with his guilty plea to unlawful conversion of property he had pledged as security to obtain a series of loans from the Farm Services Agency. An agricultural borrower gives the FSA an interest in their livestock and crops, as well as identified pieces of property and equipment, to insure that the loan is secure and will not be left unpaid. It is illegal to dispose of that property without involving the FSA or providing the FSA with the proceeds of any sale.
THOMAS, a lifelong resident of the Blackfeet Reservation, served on the Blackfeet Tribal Business Council, the governing body of the Blackfeet Tribe, from 2004 to 2008; first in the position of Vice Chairman and then as Chairman.
In an Offer of Proof filed by Assistant U.S. Attorney Carl E. Rostad, the government stated it would have proved at trial the following:
THOMAS was a rancher/farmer near Cut Bank who obtained, over the years, numerous loans from the U.S. Department of Agriculture, Farm Services Agency (FSA). As part of that lending and borrowing relationship, THOMAS pledged as collateral all livestock, crops, and personal property.
Beginning in or before June of 2006, THOMAS began to sell off hay, grass (grazing), cattle, equipment, and other pledged assets without notifying the FSA of the transactions or the income generated from the sale of those assets.
On December 18, 2008, THOMAS submitted a balance sheet to support his application for financing through FSA showing he had 225 bred cows which would be used as collateral. The FSA had concerns regarding the actual number of cows. They had not been able to get an actual count of the cattle for some time and, when chattel inspections had been completed, it did not appear that there were as many cattle as they thought should be there. FSA conducted a count December 29, 2008, and located 169 head. When questioned about the discrepancy and the missing 59 head of cows, THOMAS stated they had gone down into Flat Coulee on his neighbor's place and he couldn't get them up.
On March 2, 2009, THOMAS was approved for a $65,000 annual operating loan from FSA which also rescheduled THOMAS's existing FSA loans. The projections used were based, in material part, on the cow numbers shown on the Security Agreement dated December 19, 2008, which showed 225 head of cows and 11 bulls.
On March 31, 2009, FSA performed an inspection and recorded approximately 180 head of cows. Later that year, in October 2009, without notifying or receiving the approval of the FSA, THOMAS sold 105 calves to a Nebraska-based cattle buyer without disclosing to the buyer that the calves were pledged as security to the FSA. THOMAS concealed the sale from the FSA and converted the proceeds - $49,776 - to his own use and benefit.
On February 22, 2010, FSA went to THOMAS's ranch to do a chattel inspection and cattle count for both the Farm Loan Program and for THOMAS's daughter's 2009 LIP claim. FSA counted 99 cows and 3 yearlings, of which 62 were THOMAS's and 6 of which belonged to his daughter. FSA representatives could not read the brand on the remaining 33 head.
On April 22, 2010, FSA and representatives of the Montana Department of Livestock went to THOMAS's ranch to count the cattle. The final tally that day was 81 head of cows, of which 70 had THOMAS's brand, and 11 had other family member's brands. There were also 53 head of unbranded calves. The numbers were significantly less than what FSA had collateralized - or believed to have collateralized on the basis of THOMAS's representations. These events prompted FSA to turn the case over to the Department of Agriculture's Office of Inspector General for criminal investigation. The subsequent investigation established that between June 11, 2006, and July 13, 2011, THOMAS disposed of and sold at least $162,865.36 in cattle, hay, equipment and other property he had pledged as a collateral to obtain FSA loans, and in which the FSA had a security interest, without the knowledge or approval of the FSA. Agent Monique Hirko-Damuth testified at THOMAS's sentencing hearing that she obtained the defendant's bank records and examined all deposits. On numerous checks the memo section identified the property purchased from THOMAS. She then compared the property sales to the list of pledged assets to determine the amount of secured property that THOMAS had sold without the approval of the FSA and which had not gone to satisfy THOMAS's indebtedness to the agency.
U.S. Attorney Mike Cotter called Judge Christensen's sentence "a sentence that promotes respect for the law. It warns those who endeavor to cheat a federal loan program --- a program that provides producers with financial opportunity and the tools to succeed in Montana's agricultural industry --- that their conduct will not go unnoticed or ignored. The integrity of FSA's lending program will be preserved and protected. Our response will be vigorous and the consequences of deception will be serious."
Cotter included the THOMAS case in the Guardian's Project even though he describes the case as an "external" attack on federal programs when the primary focus of the effort is on "internal" attacks by public officials. "An important component of the THOMAS prosecution was the allegation contained in the first count of the indictment relating to a fraudulent claim in the Keepseagle settlement". In Keepseagle v. Vilsak, a class action lawsuit was pursued by Native American farmers and ranchers alleging that they had been discriminated against by the U.S. Department of Agriculture (USDA) and that they had been denied equal access to credit in the USDA Farm Loan Program. As a result of that lawsuit, on April 28, 2011, a $760 million settlement with the USDA was approved, and claims were entertained from individual Native American producers who asserted that they had been discriminatorily aggrieved by the USDA in the lending process. "This office determined that the Keepseagle claim was best pursued by a civil false claims action against THOMAS and we anticipate bringing that action in the near future."
Because there is no parole in the federal system, the (truth in sentencing( guidelines mandate that THOMAS will likely serve all of the time imposed by the court. In the federal system, THOMAS does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
Douglas Vance Crooked Arm and Kenneth G. Shane Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on October 22, 2013, before U.S. District Judge Donald W. Molloy, DOUGLAS VANCE CROOKED ARM, age 36, and KENNETH G. SHANE, age 45, residents of Crow Agency, were sentenced.
CROOKED ARM was sentenced to a term of:
- obation: 4 years, with 6 months electronic monitoring
- ecial Assessment: $200
- stitution: $3,000
SHANE was sentenced to a term of:
- obation: 1 year
- ecial Assessment: $200
- stitution: $3,000
They were sentenced in connection with their guilty pleas to conspiracy to traffic in eagles and migratory birds, and unlawfully trafficking in migratory birds.
In an Offer of Proof filed by Assistant U.S. Attorney Mark S. Smith, the government stated it would have proved at trial the following:
Operation Hanging Rock" was a U.S. Fish & Wildlife Service investigation into the unlawful sale of migratory bird feathers. As part of that operation, on August 17, 2008, FWS Special Agents (SAs) went to the Crow Fair in Crow Agency. While there undercover, the agents encountered SHANE and his brother-in-law, CROOKED ARM. SHANE gave the agents his contact information and invited them to visit his house.
On November 13, 2008, the agents met with SHANE and CROOKED ARM at SHANE's father's house, south of Garryowen. An agent noticed two golden eagles flying around the area, and said to the other agent, "There's your tail, Liz." SHANE asked "Are you looking for tails?" The agent told SHANE she needed a fan for her dress. SHANE said "My brother-in-law (CROOKED ARM) has got some made, beaded and everything. He likes to hunt and everything." SHANE said "My brother-in-law got some white-tail buck and a muley buck and he is going to leave the carcasses out there." SHANE said CROOKED ARM was "bringing his carcasses out because that's what we're hunting right now," indicating they would put out the carcasses as bait to attract eagles. SHANE also said, "We put the carcass out here and we drive up and ... the black and whites haven't been so good lately, we are waiting for some more snow."
SHANE called CROOKED ARM's cell phone, asked him whether he had any fans for sale. SHANE told CROOKED ARM that the agents might be interested in purchasing them. SHANE then generally pointed out areas where he and CROOKED ARM placed deer and elk carcasses for hunting hawks and eagles. CROOKED ARM arrived at the residence and showed the agents parts of deer carcasses lying in the back of his truck. The agents asked CROOKED ARM if he needed help putting carcasses out, but CROOKED ARM said he could do it himself. One of the agents asked CROOKED ARM how he could get nice deer like those. CROOKED ARM responded, "Poach." The group noticed a golden eagle flying nearby, and SHANE told CROOKED ARM to drop a carcass in that area.
CROOKED ARM then removed one immature golden eagle fan and one magpie fan from his truck cab and showed them to the agents. CROOKED ARM then left to put out the deer carcass. SHANE told the agents he and CROOKED ARM wanted $1,500 for the golden eagle fan and $800 for the magpie fan. SHANE told one of the agents that he and CROOKED ARM had obtained the golden eagle used to make the fan the previous Christmas. The agent paid SHANE $1,500 cash and received the golden eagle fan from him. The agents also placed an order for a magpie fan. One of the agents later saw SHANE give CROOKED ARM a portion of the $1,500 they had paid for the golden eagle fan. SHANE told the agents that CROOKED ARM needed this money to make a payment on his pickup truck. SHANE said he and CROOKED ARM had a good thing going, working hard all winter to kill and trap eagles. SHANE told the agents that CROOKED ARM made regalia to sell while he stayed home taking care of his kids, and this helped the family get by during the winter.
On January 29, 2009, an agent called SHANE, and SHANE said he and CROOKED ARM were still putting out deer and elk carcasses to trap and kill eagles and hawks. The agent asked SHANE for a nice tail, and SHANE said CROOKED ARM had several so they would save one for him.
On February 11, 2009, an agent met with SHANE and they drove to CROOKED ARM's residence, in Hardin. The agent told CROOKED ARM that the other agent wanted to buy another eagle fan and a winter hawk fan. CROOKED ARM said he had plenty of tails and had sold four golden eagle fans and several hawk fans the previous week to some people from New Mexico. CROOKED ARM produced two eagle feathers from an adjoining room, and told the agent that several of his tails were similar to these feathers. CROOKED ARM agreed to a $500 deposit, and told the agent to e-mail him the specifics for the fans. CROOKED ARM gave the agent his phone numbers. The agent paid CROOKED ARM the $500 deposit.
On March 8, 2009, CROOKED ARM sent one of the agents an e-mail containing photos of a bald eagle fan and a winter hawk (rough-legged) tail he intended to use for her hawk fan. CROOKED ARM wrote that he only had two weeks to finish the agents's hawk fan before a powwow in Denver. He asked the agent if the hawk in the photo was acceptable. Later that day, in a second e-mail to the agent, CROOKED ARM wrote that the bald eagle fan from the photo took extra time because he had to send it to a friend to clean off the blood, and there was a lot of blood.
The next day, March 9, 2009, CROOKED ARM called the agent and asked what colors she wanted on her fan. On March 10, 2009, CROOKED ARM called the other agent to tell him that his $500 deposit would be payment for the "winter hawk" fan, but the bald eagle tail fan from the photo would cost $1,000 because he had to pull a few strings to get it in time for the Denver powwow.
On the morning of March 11, 2009, a FWS Special Agent served a search warrant on CROOKED ARM"s residence in Hardin. They seized, among other things, a hand-written note containing the undercover agent"s order for a winter hawk feather fan, and one bald eagle feather fan. After agents read him his rights, CROOKED ARM signed an Advice of Rights Form, and agreed to cooperate. CROOKED ARM retrieved the undercover agent's order from the top of his refrigerator and admitted he knew the two undercover agents in connection with the note.
That same morning, another FWS Special Agent, accompanied by six other special agents, served a search warrant on SHANE's father's home south of Garryowen. SHANE arrived a few minutes after the agents. The agents advised SHANE of the search warrant and SHANE agreed to speak with them briefly. A Special Agent told SHANE he would not be arrested and explained the undercover agent's true identity. SHANE admitted that he knew it was illegal to sell hawk and eagle parts.
SHANE admitted that CROOKED ARM sold a golden eagle peyote fan to the undercover agents, but claimed he never counted the money they paid him, having given the entire amount to CROOKED ARM. SHANE also told the agents he saw one of the undercover agents show CROOKED ARM a sketch and discuss purchasing a hawk fan with beadwork to match her skirt. SHANE said he had a permitted eagle from the U.S. Fish and Wildlife Service, which he had used to make a bustle for his dance costume, stored in the basement. The agents photographed this bustle, but did not seize it. SHANE said that CROOKED ARM had called him the day before to ask for one of the undercover agent's phone number to complete the sale of a bronze hawk fan and bald eagle tail fan.
The investigation was conducted by the U.S. Fish and Wildlife Service.
Tomas Alvarado and Eliseo Lopez Martinez Sentenced in U.S. District CourtRead the Press Release
The United States Attorney(s Office announced that during a federal court session in Helena, on October 21, 2013, before U.S. District Judge Sam E. Haddon, TOMAS ALVARADO, age 59, and ELISEO LOPEZ MARTINEZ, age 50, residents of Turlock, California, were sentenced.
ALVARADO was sentenced to a term of:
Prison: 360 months
Special Assessment: $100
Forfeiture: $56,000 and multiple firearms
Supervised Release: 5 years
MARTINEZ was sentenced to a term of:
Prison: 324 months
Special Assessment: $100
Forfeiture: $56,000 and multiple firearms
Supervised Release: 5 years
They were sentenced in connection with their guilty pleas to conspiracy to possess with intent to distribute controlled substances.
In an Offer of Proof filed by Assistant U.S. Attorneys Joseph E. Thaggard and Brendan P. McCarthy, the government stated it would have proved at trial the following:
In late 2012, the FBI, DEA, the Montana Division of Criminal Investigation (MDCI), the ATF, various drug task forces based in Billings, the Billings Police Department, the Yellowstone County Sheriff(s Department, and the Montana Highway Patrol began to investigate the widespread distribution of methamphetamine, cocaine, and heroin in an area stretching from Billings to the Bakken oil fields of northeastern Montana and western North Dakota. In March 2013, the Idaho State Police also joined the investigation.
As part of the investigation, on March 1, 2013, the Montana Highway Patrol stopped a vehicle driven by an unindicted coconspirator on Interstate 90 near Park City. The vehicle was subsequently searched and found to contain one-quarter pound of methamphetamine and a quantity of heroin the unindicted coconspirator said consisted of 80 grams.
The unindicted coconspirator admitted to distributing large amounts of heroin and methamphetamine. The unindicted coconspirator stated that the sources of supply for the drugs were (Mateo( and (Tomas.( The descriptions provided by the unindicted conspirator of (Mateo( and (Tomas( matched those people known to law enforcement officers in Billings as MARTINEZ and ALVARADO.
On March 11, 2013, Idaho State Police stopped a vehicle driven by ALVARADO in Power County, Idaho. An adult female was a passenger in the vehicle. ALVARADO said he and the passenger had driven from Billings to Nevada the previous day and were returning to Billings. A search of the vehicle ensued. The authorities found a .40 caliber handgun, three gross pounds of a substance that yielded a presumptive Narcotics Identification Kit (NIK) test result for the presence of methamphetamine, and two gross pounds of a substance that yielded a positive NIK test result for the presence of cocaine.
On March 12, 2013, the authorities, acting under the authority of a search warrant, searched a residence in Billings occupied by MARTINEZ. The officers recovered three handguns, over $56,000 in United States currency, two pounds of suspected cocaine, six pounds of suspected methamphetamine, and over 100 grams of suspected heroin.
The officers also searched a motor vehicle at or near MARTINEZ(s residence in Billings. That vehicle was associated with MARTINEZ. The officers found 16 total firearms, including handguns, shotguns, and rifles (including two semi-automatic, SKS assault-style rifles) in the vehicle.
MARTINEZ was taken into custody when the search warrant was executed on March 12, 2013. When interviewed, MARTINEZ stated he had moved to Montana two or three months earlier as part of plan whereby he and ALVARADO distributed methamphetamine, cocaine, heroin, and marijuana in the Billings area. MARTINEZ estimated that he and ALVARADO had sold approximately 25 pounds of methamphetamine over the preceding two months.
On March 12, 2013, the authorities interviewed ALVARADO. ALVARADO stated that he and MARTINEZ had distributed methamphetamine in Billings since approximately October 2012 and moved to Billings in November 2012 as part of the distribution scheme. ALVARADO detailed that, between October 2012 and March 12, 2013, he and MARTINEZ distributed at least 80 pounds of methamphetamine to subordinate drug dealers in Montana.
On March 12, 2013, the authorities also interviewed MARTINEZ. MARTINEZ admitted that he had moved to Montana two to three months earlier and participated in a scheme whereby MARTINEZ and ALVARADO distributed methamphetamine, cocaine, heroin, and marijuana in Montana.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that they will likely serve all of the time imposed by the court. In the federal system, they do have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
This investigation was a part of Project Safe Bakken, which is a cooperative effort between the Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Bureau of Indian Affairs (BIA), the U.S. Border Patrol, the U.S. Marshal's Service, the Environmental Protection Agency Criminal Investigation Division (EPA-CID), the Department of Homeland Security (DHS), the Montana Division of Criminal Investigation (MDCI), the Montana Highway Patrol, the North Dakota Bureau of Criminal Investigation (BCI), the Billings Police Department, the Yellowstone County Sheriff's Office, and the Idaho State Police.
Today's sentence is a product of diligent work by the very dedicated agents who have been joined together under the banner of Project Safe Bakken. As the work of this team - which includes law enforcement professionals from all branches of local, state, and federal law enforcement - goes forward, the people of Montana and North Dakota can expect more cases from affected communities. That is the mission and commitment of Project Safe Bakken." said U.S. Attorney Michael W. Cotter.
Wendell Lester Wolf Black, Sr. Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney(s Office announced that during a federal court session in Helena, on September 30, 2013, before U.S. District Judge Sam E. Haddon, WENDELL LESTER WOLF BLACK, SR., a 46-year-old resident of Crow Agency and an enrolled member of the Crow Tribe, pled guilty to assault with a dangerous weapon and assault resulting in serious bodily injury. Sentencing has been set for January 6, 2014. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Lori Harper Suek, the government stated it would have proved at trial the following:
On June 18, 2012, WOLF BLACK and his sons drove to the victim's house located at Dunmore, which is within the exterior boundaries of the Crow Indian Reservation. When they arrived at the house, they knocked on the door and the victim came outside. The victim was unaware that there were any problems between him and the WOLF BLACKs. WOLF BLACK, however, believed that the victim was responsible for a prior assault on his son that caused disabling injuries.
While the victim was outside of his house, he asked WOLF BLACK for a cigarette and followed him out to WOLF BLACK's truck. At that point, WOLF BLACK hit the victim numerous times with a crow bar. He was hit in the leg, back, and head, and went down to the ground unable to defend himself against the attack. He heard one of WOLF BLACK's sons yell, "This is for my brother," and he heard WOLF BLACK say, "This is for fighting my son."
The victim sought medical treatment for his injuries. The victim suffered multiple broken bones and a collapsed lung. These injuries met the definition of serious bodily injury according to the treating physician.
WOLF BLACK faces possible penalties of 10 years in prison, a $250,000 fine, and 3 years supervised release on each charge.
The investigation was conducted by the Bureau of Indian Affairs.
Carl Chester Alden, Jr. Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney(s Office announced that during a federal court session in Helena, on September 30, 2013, before U.S. District Judge Sam E. Haddon, CARL CHESTER ALDEN, JR., a 23-year-old resident of Hardin and an enrolled member of the Crow Tribe, pled guilty to involuntary manslaughter. Sentencing has been set for January 6, 2014. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Lori Harper Suek, the government stated it would have proved at trial the following:
On December 17, 2012, at approximately 9:00 a.m., ALDEN was recklessly driving a 1996 Ford pickup with two front seat passengers, one being the victim and one rear seat passenger. ALDEN crashed the vehicle at the Third Street exit off of Interstate 90 at Hardin, just within the exterior boundaries of the Crow Indian Reservation. The victim was killed in the crash.
The vehicle was registered to ALDEN's common-law wife. When interviewed following the crash, ALDEN couldn't remember driving, stating only, "it could have been me driving," or the crash itself.
The two surviving passengers were interviewed the day of the crash and recalled that ALDEN was driving during the crash. These accounts support evidence at the scene of the crash as officers reported that ALDEN had to be extricated from the vehicle, because he was pinned under the steering wheel during the course of the crash.
ALDEN admitted that he was drinking alcohol before the crash while he was driving the pickup. A sample of blood was collected from ALDEN approximately 3 hours post-crash and was sent to the FBI laboratory for analysis. Laboratory results indicated an ethanol concentration of .155 gram percent based on gas chromatography analysis.
ALDEN faces possible penalties of 8 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was a cooperative effort between the Federal Bureau of Investigation and the Bureau of Indian Affairs.
Russell Leroy Miller Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on September 27, 2013, before U.S. District Judge Donald W. Molloy, RUSSELL LEROY MILLER, a 70-year-old resident of Big Fork, was sentenced to a term of:
Probation: 5 years
Special Assessment: $100
Restitution: $3,218
Fine: $10,000
MILLER was sentenced in connection with his guilty plea to possession of child pornography.
In an Offer of Proof filed by Assistant U.S. Attorney Cyndee L. Peterson, the government stated it would have proved at trial the following:
As part of an Internet Crimes Against Children Task Force (ICAC) investigation, the Department of Homeland Security Investigations obtained a search warrant for MILLER's residence in Big Fork.
On February 23, 2012, the search warrant was served. When interviewed, MILLER admitted using peer-to-peer file sharing programs. MILLER admitted he downloaded files containing child pornography. He also admitted that he saved the files to various CDs and external hard drives. He disclosed search terms which were indicative of search terms used to locate child pornography files.
MILLER's computers and media were forensically analyzed. The examiner located video and image files which depicted children engaged in sexually explicit conduct. The files were created between February 26, 2002, and February 22, 2012.
The investigation was conducted by the Montana Internet Crimes Against Children (ICAC) Task Force.
Kyle Bradley Anderson Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on September 27, 2013, before U.S. District Judge Donald W. Molloy, KYLE BRADLEY ANDERSON, a 23-year-old resident of Missoula, was sentenced to a term of:
Prison: 41 months
Special Assessment: $100
Supervised Release: 5 years
ANDERSON was sentenced in connection with his guilty plea to conspiracy to distribute heroin.
In an Offer of Proof filed by Assistant U.S. Attorney Tara J. Elliott, the government stated it would have proved at trial the following:
In June 2012, a Confidential Informant (CI) provided law enforcement with specific information regarding ANDERSON. The CI would have testified that ANDERSON boasted about his ability to obtain large amounts of cocaine and heroin. ANDERSON also asked the CI if he would be willing to be a courier in his drug trafficking organization.
The CI would have testified ANDERSON informed the CI he routinely received approximately 30 ounces of cocaine every two weeks from his supplier in San Diego. ANDERSON had five to six dealers who he would distribute the rest of the cocaine to in the Missoula area. ANDERSON also told the CI that on his most recent delivery, he received $17,000 worth of heroin along with 30 ounces of cocaine.
An FBI Undercover Agent (UCA)) who was introduced to ANDERSON would have testified that ANDERSON advised the UCA of his operation and that his supplier resided in San Diego and had a direct connect to an unidentified Mexican Cartel in California.
On September 4, 2012, a controlled purchase of 32 grams of heroin for $5,000 was made from ANDERSON in Missoula. The 32 grams of heroin was collected as FBI evidence. The heroin field tested positive and was submitted to the DEA lab for further analysis.
A second CI would have testified that he supplied ANDERSON with over one kilogram of heroin from approximately December 2010 through November of 2012 and that ANDERSON distributed that heroin to several other individuals.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that ANDERSON will likely serve all of the time imposed by the court. In the federal system, ANDERSON does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Federal Bureau of Investigation.
Irving Spotted Eagle, Jr. Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on September 26, 2013, before Chief U.S. District Judge Dana L. Christensen, IRVING SPOTTED EAGLE, JR., a 27-year-old resident of Billings and an enrolled member of the Blackfeet Tribe of Indians, was sentenced to a term of:
Prison: 21 months
Special Assessment: $100
Supervised Release: 3 years
SPOTTED EAGLE was sentenced in connection with his guilty plea to assault resulting in serious bodily injury.
In an Offer of Proof filed by Assistant U.S. Attorney Laura B. Weiss, the government stated it would have proved at trial the following:
On November 12, 2011, SPOTTED EAGLE was so angry that S.T. would not return his amorous advances that he pinned her against a wall in his house and repeatedly punched her until his knuckles started to bleed. As she tried to flee the house, SPOTTED EAGLE grabbed S.T. by the hair and continued assaulting her. He did not stop until a neighbor began yelling at him to stop. S.T. was transported to the hospital, where she was treated for a concussion, nasal bone fracture, and blunt force trauma to her face.
The assault occurred within the exterior boundaries of the Blackfeet Indian Reservation.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that he will likely serve all of the time imposed by the court. In the federal system, he does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Federal Bureau of Investigation and the Blackfeet Law Enforcement.
Informational: Federal Court Initial AppearancesRead the Press Release
The United States Attorney(s Office announced that during a federal court session in Missoula, on September 27, 2013, before U.S. Magistrate Judge Jeremiah C. Lynch, the following individuals were arraigned:
PHILLIP MORRIS, a 42-year-old resident of Jeffersonville, Indiana, and JEFFREY WOOLLEY, a 53-year-old resident of Nicholasville, Kentucky, appeared on charges of child exploitation enterprise and conspiracy to advertise child pornography. They are currently detained. If convicted of these charges, they each face possible penalties of a mandatory minimum of 20 years in prison and could be sentenced to life, a $250,000 fine, and lifetime supervision. Assistant U.S. Attorney Cyndee L. Peterson is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
The defendants pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Dacota Robert Rogers Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Helena, on September 27, 2013, before U.S. District Sam E. Haddon, DACOTA ROBERT ROGERS, pled guilty to distribution of Fentanyl. Sentencing has been set for February 21, 2014.
In an Offer of Proof filed by Assistant U.S. Attorney Bryan R. Whittaker, the government stated it would have proved at trial the following:
On December 8, 2013, Butte-Silverbow Law Enforcement officers were called to an address in Butte in relation to a male who was not breathing and unresponsive. Upon arrival at the scene they found a woman attempting to do CPR on the victim. The victim was then transported to the hospital, but emergency personnel were unable to revive him.
During the drive to the hospital, the woman stated that she believed that the victim had been smoking Fentanyl. She said she had been told this by an individual who had been with the victim earlier in the night.
The woman turned over a cellular telephone she stated belonged to the victim. Officers reviewed the phone to determine ownership and next of kin, etc., when they discovered text messages that appeared to be drug related. One of the texts was from an individual, identified here only as "XX," who in his text stated that whatever the victim had taken had caused him to start to drool immediately.
A short while later, the victim's phone began to ring. The officers answered the phone and the caller identified himself as "XX." During the conversation, "XX" stated that he had been at the victim's house at approximately 1:45 a.m. and had placed the victim's head on a pillow because he had been snoring.
Officers later searched the victim's house and found Fentanyl patches and drug paraphernalia.
When interviewed, "XX" stated that he had been with the victim the night he died. He said that the victim had been attempting to buy drugs and was able to make contact with a dealer identified as ROGERS. ROGERS had come to the victim's house while "XX" was present and sold the victim a Fentanyl patch for $35. The victim paid ROGERS $10 in cash, and then gave ROGERS his debit card to go to an ATM to withdraw the other $25 dollars he owed for the patch.
Following the interview, officers contacted the victim's father who gave them the victim's bank account information. With that information, officer's found an ATM video showing ROGERS withdrawing money from the victim's account the night of the victim's death.
When interviewed, ROGERS told investigators that he had in fact sold the victim the Fentanyl patch and had shown him how to ingest it. ROGERS further stated that he had received money from the victim for the patch and had used the victim's ATM card to get the money from the victim's account.
A State Medical Examiner performed a postmortem examination of the victim. His examination revealed that there were toxic levels of Fentanyl in the victim's body at the time of death. The examiner concluded that the victim died as a result of Fentanyl toxicity.
ROGERS faces possible penalties of 20 years in prison, a $1,000,000 fine and 3 years supervised release.
The investigation was conducted by the U.S. Department of Homeland Security - Homeland Security Investigations.
Corwin Dallas Four Star Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on September 27, 2013, before Chief U.S. District Judge Dana L. Christensen, CORWIN DALLAS FOUR STAR, a 19-year-old resident of Wolf Point and an enrolled member of a federally-recognized tribe, was sentenced to a term of:
Prison: 120 months
Special Assessment: $100
Supervised Release: 10 years
FOUR STAR was sentenced in connection with his guilty plea to sexual abuse.
In an Offer of Proof filed by Assistant U.S. Attorney Laura B. Weiss, the government stated it would have proved at trial the following:
In the early morning hours of March 4, 2012, FOUR STAR got on top of the victim as she was sleeping and choked her to the point that she lost consciousness. He then sexually abused her. When the victim regained consciousness, she started screaming and trying to push him off. FOUR STAR held her arms down and punched her in the face.
The offense occurred within the exterior boundaries of the Fort Peck Indian Reservation.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that FOUR STAR will likely serve all of the time imposed by the court. In the federal system, FOUR STAR does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Federal Bureau of Investigation and the Fort Peck Tribes Criminal Investigation Division.
William Szudera Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on September 26, 2013, before Chief U.S. District Judge Dana L. Christensen, WILLIAM SZUDERA, a 76-year-old resident of Havre, was sentenced to a term of:
Probation: 4 years
Special Assessment: $500
Restitution: $83,700.59
Fine: $3,000
SZUDERA was sentenced in connection with his guilty plea to mail fraud.
In an Offer of Proof filed by Assistant U.S. Attorney Chad C. Spraker, the government stated it would have proved at trial the following:
From 2001 to 2012, SZUDERA collected workers compensation benefit payments based on his annual representations to the Department of Labor that he was not working and earned no income.
In fact, beginning in1977, SZUDERA was operating a shooting supply business, which made him ineligible for approximately $277,484 in benefits he received from 2001 through 2012.
From 1970 to 1978 SZUDERA was employed by the Bureau of Reclamation and the Western Area Power Administration, which was absorbed into the Bureau of Reclamation in 1977. SZUDERA was injured on the job in 1970. He returned to work in 1971 and received compensation for a partial disability.
In 1984, SZUDERA was added to the Department of Labor's permanent rolls and started receiving workers compensation checks for his wage loss due to his injury. In 1992, the Department of Labor adjusted SZUDERA's compensation after determining that he was able to earn a limited wage. Under that status, SZUDERA collected workers compensation payments based on the limited wage earning capacity of a cashier. In fact, SZUDERA owned and operated a shooting supply business, B&G Shooting Supply since at least 2000.
In a May 2000 application for a Wells Fargo credit card, SZUDERA stated under the job information section that he is self-employed as an owner of a business with a gross monthly salary of $12,500. SZUDERA's tax returns from 2002 to 2010 show that B&G Shooting had gross receipts ranging from approximately $500,000 to $750,000. The returns indicate a profit for every year with the exception of 2006.
Nevertheless, from 2002 to 2011, SZUDERA filled out annual certifications stating that he was unemployed and did not receive any outside income. The annual certifications asked SZUDERA to report all self-employment or involvement in business enterprises, including a family business, even if the activity was part-time or intermittent. Moreover, the certifications asked SZUDERA to report any work or ownership interest in a business enterprise even if the business lost money.
Agents of the Department of Energy interviewed SZUDERA in October 2011. SZUDERA stated that he knew he had to report any additional income he received each year on the annual certification. When asked whether he knowingly received income yet did not report it on the annual certification, SZUDERA answered "yes." SZUDERA's inflated workers compensation benefit checks were mailed from the U.S. Treasury to SZUDERA's home in Havre.
The investigation was a cooperative effort between the U.S. Department of Energy - Office of Inspector General and the U.S. Department of Labor - Office of Inspector General.
Sergio Alejandro Lopez Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on September 26, 2013, before U.S. District Judge Dana L. Christensen, SERGIO ALEJANDRO LOPEZ, a 37-year-old resident of Portland, Oregon, was sentenced to a term of:
Prison: 130 months
Special Assessment: $200
Supervised Release: 5 years
LOPEZ was sentenced in connection with his guilty plea to (2) counts of distribution of methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Joseph E. Thaggard, the government stated it would have proved at trial the following:
In January 2011, a confidential informant (hereafter "the CI") in Great Falls worked under the direction and supervision of Central Montana Drug Task Force (CMDTF) agents to investigate drug trafficking in Great Falls;
In that capacity, the CI made several phone calls to LOPEZ, who was living outside the State of Montana. LOPEZ agreed to mail methamphetamine to the CI in Great Falls in exchange for the CI sending money to LOPEZ by Western Union.
As part of this plan, on January 19, 2011, the CI sent two Western Union wires to LOPEZ in the amounts of $500 and $600.
LOPEZ, or a person acting at his behest, then mailed a package to the CI in Great Falls. On January 20, 2011, agents seized approximately 31.2 grams of purported methamphetamine found in the package mailed to the CI.
Subsequently, the CI set up another postal delivery of methamphetamine by LOPEZ. On January 29, 2011, two Western Union wires in the amounts of $500 and $600 were sent to LOPEZ to purchase the methamphetamine. LOPEZ, or persons acting at his behest, then mailed a package of methamphetamine to the CI in Great Falls.
On January 31, 2011, agents seized approximately 34.8 grams of purported methamphetamine sent to the CI by LOPEZ, or persons working at his direction.
The substances seized on January 20 and January 31, 2011, were submitted to Drug Enforcement Administration's Western Region Laboratory for chemical analysis by a qualified forensic chemist. That analysis revealed each package contained five or more grams of actual (pure) methamphetamine, a Schedule II controlled substance.
The material in the packages seized on January 20 and 31, 2011, was also submitted to the DEA laboratory for latent fingerprint analysis by a qualified fingerprint examiner. The examination disclosed that a latent fingerprint lifted from material contained in the package seized on January 20, 2011, matched LOPEZ's known fingerprints.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that LOPEZ will likely serve all of the time imposed by the court. In the federal system, LOPEZ does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Federal Bureau of Investigation, the Montana Division of Criminal Investigation, and the Russell County Drug Task Force.
Paul Joseph Richter Found Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that on September 23, 2013, in Missoula, after a federal district court trial before U.S. District Judge Donald W. Molloy, PAUL JOSEPH RICHTER, a 50-year-old resident of Florence, was found guilty of being a felon-in-possession of a firearm. Sentencing is set for January 8, 2014. He is currently detained.
Assistant U.S. Attorney Paulette L. Stewart prosecuted the case for the United States.
RICHTER faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was a cooperative effort between the Montana Probation and Parole, the Missoula County Sheriff's Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Michael Thomas Bad Old Man Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on September 26, 2013, before U.S. Magistrate Judge Keith Strong, MICHAEL THOMAS BAD OLD MAN, a 21-year-old resident of Browning and an enrolled member of the Blackfeet Tribe, pled guilty to burglary. Sentencing has been set for January 16, 2014. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Ryan G. Weldon, the government stated it would have proved at trial the following:
On October 18, 2011, BAD OLD MAN and another male individual, identified here as "X.X.," bumped into the female victim in Browning, which is within the exterior boundaries of the Blackfeet Indian Reservation.
BAD OLD MAN and the victim used to date each other. BAD OLD MAN and "X.X." went to a bar, but later decided to go confront the victim and her new boyfriend. After asking around, "X.X." and BAD OLD MAN kicked in the door and entered a home in Browning, which was where the victim was staying with her new boyfriend.
When interviewed by the FBI, BAD OLD MAN stated that he had wanted to fight the victim's new boyfriend when he entered the home. People had come out of various rooms in the house, and BAD OLD MAN admitted that he "tore into everybody that I seen [sic]." BAD OLD MAN stated that homeowner's boyfriend approached BAD OLD MAN. At that point, "X.X." jumped in and started to fight with the homeowner's boyfriend. BAD OLD MAN then went to the back of the residence and started using his fists to punch the victim's new boyfriend.
BAD OLD MAN faces possible penalties of 20 years in prison, a $50,000 fine and 3 years supervised release.
The investigation was conducted by the Federal Bureau of Investigation.
Guy Joseph Manzo Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney(s Office announced that during a federal court session in Missoula, on September 24, 2013, before U.S. District Judge Donald W. Molloy, GUY JOSEPH MANZO, a 62-year-old resident of North Babylon, New York, pled guilty to wire fraud. Sentencing has been set for January 8, 2014. He is currently released on special conditions.
In an Offer of Proof filed by Assistant U.S. Attorney Timothy J. Racicot, the government stated it would have proved at trial the following:
On January 3, 2011, MANZO, who lives in New York, opened checking and savings accounts with Glacier Bank in Montana using the bank's online account opening services. The checking account number ended in 0308 and the savings account number ended in 0338. On January 12, 2011, MANZO opened a second checking account with Glacier Bank, ending in 0391.
In February 2011, MANZO attempted to fund the checking account ending in 0308 with three bad checks, totaling $9,252. Shortly thereafter, on March 1, 2011, Glacier Bank closed and charged off MANZO's 0308 account in the amount of $318.01. After the account was closed, he continued to write checks against the account. Between March and October 2011, MANZO wrote 36 bad checks against the closed 0308 account for a combined total of $175,042. Thirty-four of these checks, worth $173,000, were made payable to "Citibanks Mastercard." Each of the checks contain MANZO's signature.
In September 2011, MANZO successfully made 21 fraudulent ACH transfers, totaling $16,057.36, from an account with Glacier Bank that did not belong to him. Eleven of those transfers, totaling $887.42, were for his personal benefit. The other ten, totaling $15,071.94, were made for the benefit of his girlfriend (name withheld to protect privacy). Glacier Bank discovered the fraudulent transfers on September 30, 2011.
Finally, between October 2011 and January 2012, MANZO attempted 54 fraudulent ACH transfers, for a combined total of $45,325.61, which were ultimately unsuccessful. Those 54 attempted transfers did not process because they were attempted against closed accounts or accounts that did not exist. It appears MANZO attempted those fraudulent transactions by guessing Glacier Bank customer account numbers. Twelve of the attempted transfers, totaling $1,814.16, were made for the benefit of MANZO himself, and 42, totaling $43,511.45, were made for the benefit of his girlfriend.
On February 15, 2012, a Secret Service agent interviewed MANZO. MANZO confirmed that he had several accounts through Glacier Bank, but stated that the accounts were closed and no longer available for his use. When presented with copies of the checks written on his closed Glacier account, MANZO confirmed his signature and admitted he had negotiated the checks despite knowing the account was closed. MANZO said he wrote the checks to pay creditors in order to maintain his credit score, and explained that as long as creditors had the appearance of being paid, his credit score would stay in the low 700s. MANZO also explained that his girlfriend was battling cancer and that he is on disability for a back injury that he sustained while employed as a plumber. MANZO said he has no other source of income.
MANZO faces possible penalties of 20 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was conducted by the United States Secret Service.
Douglas Robert Brooks Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on September 26, 2013, before U.S. District Judge Donald W. Molloy, DOUGLAS ROBERT BROOKS, a 51-year-old resident of Missoula, was sentenced to a term of:
Prison: 180 months
Special Assessment: $100
Supervised Release: lifetime
BROOKS was sentenced in connection with his guilty plea to accessing with the intent to view child pornography.
In an Offer of Proof filed by Assistant U.S. Attorney Cyndee L. Peterson, the government stated it would have proved at trial the following:
In 2000, BROOKS was convicted of sexual assault.
On November 19, 2012, a state probation officer advised the Missoula Police Department that a confidential informant (CI) had information about BROOKS. The CI stated that BROOKS had shown him child pornography on BROOKS' computer in BROOKS' residence. A search warrant for his residence was obtained and a computer and thumb drive were seized, both of which were then forensically examined.
The examiner located files depicting pornographic images of children.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that BROOKS will likely serve all of the time imposed by the court. In the federal system, BROOKS does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Montana State Probation and Parole, the Missoula Police Department, the Bozeman Police Department, and the Internet Crimes Against Children (ICAC) Task Force.
This case was brought as part of Project Safe Childhood (PSC), a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, PSC marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about PSC, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/resources.html and click on the tab "resources."
David Elmer Muskrat Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on September 26, 2013, before Chief U.S. District Judge Dana L. Christensen, DAVID ELMER MUSKRAT, a 35-year-old resident of Poplar and an enrolled member of a federally-recognized tribe, was sentenced to a term of:
Prison: 210 months
Special Assessment: $100
Supervised Release: 4 years
MUSKRAT was sentenced in connection with his guilty plea to second degree murder.
In an Offer of Proof filed by Assistant U.S. Attorney Laura B. Weiss, the government stated it would have proved at trial the following:
On September 1, 2012, MUSKRAT was driving around Poplar, which is within the exterior boundaries of the Fort Peck Indian Reservation, looking for "X.X.", the now-deceased victim. Along the way, he expressed to more than one person his intent to kill X.X. if he found him. MUSKRAT was coming around a corner in Poplar and spotted X.X. walking down the street. MUSKRAT accelerated his SUV into X.X. and hit him with the vehicle. X.X. died. MUSKRAT fled the scene in the SUV.
This case is one of many examples of serious felonies the Montana U.S. Attorney's Office rigorously prosecutes in Indian Country every year. It is also a living example of the power of interagency collaboration. Five agencies devoted time, effort, and resources to this case, including the Federal Bureau of Investigation, the Fort Peck Criminal Investigators, the Fort Peck Department of Law and Justice, the Poplar Police Department, and the Roosevelt County Sheriff's Office, all of which resulted in justice being achieved for the victim in this case." U.S. Attorney Michael W. Cotter.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that MUSKRAT will likely serve all of the time imposed by the court. In the federal system, MUSKRAT does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Federal Bureau of Investigation, the Fort Peck Criminal Investigators, the Fort Peck Department of Law and Justice, the Poplar Police Department, and the Roosevelt County Sheriff's Office.
Daniel Aaron Roy Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on September 25, 2013, before U.S. District Judge Donald W. Molloy, DANIEL AARON ROY, a 33-year-old resident of Missoula, was sentenced to a term of:
Prison: 144 months
Special Assessment: $100
Supervised Release: 5 years
ROY was sentenced in connection with his guilty plea to conspiracy to distribute methamphetamine and use of a firearm in furtherance of a drug trafficking crime.
In an Offer of Proof filed by Assistant U.S. Attorney Tara J. Elliott, the government stated it would have proved at trial the following:
In early 2013, information was obtained from two confidential informants that ROY was distributing large quantities of methamphetamine. One of the CI's indicated that he/she was aware that ROY received some type of settlement in which he obtained about $20,000 around November of 2012, and that around that same time ROY began making monthly trips, via rental vehicles, to Washington to obtain pound quantities of methamphetamine to bring back to Montana for distribution. A CI stated that ROY had a storage unit where he kept a safe and that after making methamphetamine runs, ROY would leave the bulk of his methamphetamine in the safe and return to the storage unit as needed to replenish his supply. ROY had also bragged to a CI about keeping money in his safe as "go" money in case he is stopped by the cops to allow him to get out of town. A CI further indicated that ROY kept firearms inside the storage unit and inside his trailer that were given to him as payment for a bad drug debt.
Law Enforcement issued a subpoena to a rental car agency and was able to determine that ROY had rented vehicles consistent with some of the time frames indicated by the CI.
Around January 23, 2013, information was obtained that ROY was planning on making a trip to obtain methamphetamine from a different source of supply in California. On January 25, 2013 a Montana State search warrant was obtained and a tracker was placed on a rental car prior to ROY obtaining the rental. After ROY rented the car, he traveled to his storage unit, where he removed a large black plastic storage container and placed it into the storage unit (viewed/recorded by pole camera). ROY then drove to his trailer and eventually left town in the rental car later that evening.
On February 1, 2013, via the tracker, it was determined that ROY was coming back toward Missoula. Two search warrants were applied for and granted. The first was for the vehicle ROY had rented and the second search warrant was for ROY's trailer and his storage unit.
On the morning of February 2, 2013, Missoula County Sheriff's Office Deputies conducted a traffic stop on ROY's rental vehicle on Interstate-90 in Missoula County. Following the traffic stop, the search warrants were executed on ROY's rental vehicle, storage locker, and residence. During the search of the vehicle, two safes were located in the trunk of the vehicle. The keys to these safes were on the key ring in ROY's possession along with the key to his storage unit. One safe contained approximately 452 grams of suspected methamphetamine and a Witness 40 caliber S&W handgun with a loaded magazine. The second smaller safe contained documents belonging to ROY, along with drug paraphernalia (spoon, baggies, and cut straw), 26 grams of suspected methamphetamine, and numerous pharmaceutical pills. ROY also had a small amount of suspected methamphetamine on his person. A search of the storage unit resulted in the seizure of $4,012 U.S. currency, user quantities of suspected heroin, user quantities of suspected methamphetamine, six firearms, ammunition, and user quantities of suspected marijuana. The suspected methamphetamine, scale, packaging materials, and numerous other items of drug paraphernalia were located within the black plastic container that TFOs observed ROY placing in the storage locker days before.
A search of the residence resulted in the seizure of approximately four grams of marijuana, miscellaneous packaging materials, a Bud Light hide-a-can, a digital scale, suspected marijuana, and approximately 95 grams of suspected Psilocybin (hallucinogenic mushrooms).
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that ROY will likely serve all of the time imposed by the court. In the federal system, ROY does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Drug Enforcement Administration and the High Intensity Drug Trafficking Area (HIDTA) Task Force.
Brandon Wade Havens Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on September 26, 2013, before U.S. District Judge Donald W. Molloy, BRANDON WADE HAVENS, a 28-year-old resident of Helena, was sentenced to a term of:
Prison: 180 months
Special Assessment: $200
Supervised Release: 5 years
HAVENS was sentenced in connection with his guilty plea to conspiracy to distribute heroin and possession of a firearm in furtherance of a drug trafficking crime.
In an Offer of Proof filed by Assistant U.S. Attorney Tara J. Elliott, the government stated it would have proved at trial the following:
Investigation by the Federal Bureau of Investigation revealed that HAVENS had runners who traveled from California to Montana. One of his runners cooperated with law enforcement and made several recorded telephone calls to HAVENS regarding the purchase of cocaine, and at HAVENS' direction, made a payment to HAVENS' bank account for past monies due for cocaine and heroin.
HAVENS was arrested on November 11, 2012 on a state warrant in Missoula. HAVENS admitted to trafficking cocaine from Washington to Montana in 2010/2011. HAVENS estimated he distributed a total of 12.5 pounds of cocaine equally to five individuals. HAVENS met another individual in California in the summer of 2011, from whom he began purchasing cocaine and heroin. HAVENS purchased cocaine from California for the last 18 months, and heroin for the last 12 months.
In the last year, HAVENS increased his quantities to 7-9 ounces of heroin, and 10-12 ounces of cocaine, every two weeks. On two occasions, HAVENS paid one of his runners $1,000 to drive the drugs from California to Montana. The amount of heroin HAVENS admitted to trafficking is well above one kilogram.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that HAVENS will likely serve all of the time imposed by the court. In the federal system, HAVENS does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Federal Bureau of Investigation.
Vern Thomas Gardipee Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on September 25, 2013, before Chief U.S. District Judge Dana L. Christensen, VERN THOMAS GARDIPEE, a 49-year-old resident of Box Elder and an enrolled member of the federally recognized Chippewa Cree Indian Tribe, was sentenced to a term of:
Prison: 30 months
Special Assessment: $100
Supervised Release: 30 years
GARDIPEE was sentenced in connection with his guilty plea to sexual abuse of a minor.
In an Offer of Proof filed by Assistant U.S. Attorney Danna R. Jackson, the government stated it would have proved at trial the following:
On April 27 and 28, 2012, GARDIPEE sexually abused a young girl. GARDIPEE got into bed with the victim and sexually abused her. The victim tried to get away from GARDIPEE and eventually got GARDIPEE to stop his advances but not until after sexual contact occurred.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that GARDIPEE will likely serve all of the time imposed by the court. In the federal system, GARDIPEE does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Federal Bureau of Investigation.
Stuart Morgan Pattie and Jesus Heriberto Ramirez-Soto Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on September 24, 2013, before Chief U.S. District Judge Dana L. Christensen, STUART MORGAN PATTIE, age 52, and JESUS HERIBERTO RAMIREZ-SOTO, age 44, residents of Troy, were sentenced in connection with their guilty pleas to conspiracy to possess with intent to distribute methamphetamine.
PATTIE was sentenced to:
Prison: 36 months
Special Assessment: $100
Supervised Release: 5 years
RAMIREZ-SOTO was sentenced to:
Prison: 120 months
Special Assessment: $100
Supervised Release: 5 years
In an Offer of Proof filed by Assistant U.S. Attorney Jessica A. Betley, the government stated it would have proved at trial the following:
PATTIE, RAMIREZ-SOTO, and Don Edward Lyle all lived in Troy. In early April 2013, undercover law enforcement agents and a confidential informant (CI) began to buy methamphetamine from RAMIREZ.
During the evening of April 5, 2013, the CI was with RAMIREZ and Lyle at RAMIREZ's home in Troy. The CI mentioned to RAMIREZ and Lyle that he had a friend who wanted to purchase methamphetamine.
The next day, on April 6, 2013, RAMIREZ called the CI and said that Lyle would be traveling to Kalispell with the methamphetamine. Later that evening, undercover agents met with Lyle in Kalispell. PATTIE also accompanied Lyle on the methamphetamine deal. The agents paid Lyle $5,400 for three ounces of methamphetamine and received an additional ounce from Lyle with the understanding that the agents still owed Lyle for the last ounce.
On April 11, 2013, the CI placed a call to RAMIREZ to set up another methamphetamine deal. RAMIREZ told the CI that he could provide the CI's friends with pounds of methamphetamine. The agents called RAMIREZ and agreed to meet on Saturday, April 13, 2013, in Havre in order to buy methamphetamine. RAMIREZ agreed to sell the agents two pounds of methamphetamine for $50,000.
That afternoon, RAMIREZ met an agent in a parking lot and said his friends would be there shortly. RAMIREZ then discussed possible future drug deals and left the parking lot. A half hour later, Lyle and PATTIE pulled up next to the agent. PATTIE got out of the car and got into the agent's car with the methamphetamine wrapped in a shirt. Agents then arrested RAMIREZ, PATTIE, and Lyle. Agents recovered more than 500 grams of a substance containing a detectable amount of methamphetamine.
Lyle pled guilty to federal charges.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that they will likely serve all of the time imposed by the court. In the federal system, they do have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the U.S. Department of Homeland Security - Homeland Security Investigations and the Montana Division of Criminal Investigation.
Shyann Marie Dupree Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on September 25, 2013, before Chief U.S. District Judge Dana L. Christensen, SHYANN MARIE DUPREE, a 36-year-old resident of Poplar and an enrolled member in a federally-recognized tribe, was sentenced to a term of:
Prison: 18 months
Special Assessment: $100
Restitution: $11,899.97
Supervised Release: 3 years
DUPREE was sentenced in connection with her guilty plea to burglary.
In an Offer of Proof filed by Assistant U.S. Attorney Laura B. Weiss, the government stated it would have proved at trial the following:
In an Offer of Proof filed by Assistant U.S. Attorney Laura B. Weiss, the government stated it would have proved at trial the following:
On April 18, 2012, DUPREE broke into a house on the Fort Peck Indian Reservation with three others when they knew the homeowner was out of town. The group stole televisions, jewelry, and other items. DUPREE admitted to entering the house and filling a suitcase with purses, while others removed televisions and placed them in a vehicle waiting outside the house. DUPREE admitted that another individual helped her sell the purses and that DUPREE used the money to buy pills.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that DUPREE will likely serve all of the time imposed by the court. In the federal system, DUPREE does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Fort Peck Tribes Criminal Investigation Division and the Poplar Police Department.
Levi Anthony Labuff, Jr. Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on September 25, 2013, before Chief U.S. District Judge Dana L. Christensen, LEVI ANTHONY LABUFF, JR., a 36-year-old resident of Browning, was sentenced to a term of:
Prison: 60 months
Special Assessment: $ 100
Supervised Release: 5 years
LABUFF was sentenced in connection with his guilty plea to conspiracy to possess with the intent to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Ryan G. Weldon, the government stated it would have proved at trial the following:
On February 23, 2012, LABUFF and Wilma Jamie Rae Hoyt were arrested in Browning. LABUFF was arrested because he had a state warrant out for his arrest. Hoyt was arrested for a federal warrant because she had violated conditions of her supervised release. At the time of the arrest, law enforcement collected $600 in U.S. currency from LABUFF. The money was claimed to be from LABUFF's "tax return."
When interviewed, Hoyt stated that she first became romantically involved with LABUFF in approximately 2009 or 2010. Both LABUFF and Hoyt were initially "clean," but LABUFF lost his job, and they were in need of money to maintain their household and take care of their children. Hoyt stated that this is when they began selling methamphetamine for income.
In approximately February or March of 2011, Hoyt admitted that individuals approached her and LABUFF, requesting that they sell methamphetamine. LABUFF and Hoyt complied with such a request, and this relationship lasted until January of 2012. LABUFF and Hoyt would receive three grams of methamphetamine at a time. Hoyt estimated that she received methamphetamine, to sell, every week, and the longest without receiving drugs was three weeks.
Hoyt explained that, after selling for awhile, she met another methamphetamine dealer, who provided her and LABUFF with a higher-quality methamphetamine. This new dealer initially provided them with a "weighed out gram" of methamphetamine, which they would break down and sell. However, as the relationship grew, so did the amounts that the new distributor provided. For example, the new distributor eventually provided Hoyt and LABUFF with a "weighed out eight ball." In total, Hoyt stated that the new distributor provided them a "weighed out gram" on six occasions and a "weighed out eight ball" on three occasions.
Law enforcement interviewed LABUFF the day after interviewing Hoyt. LABUFF also admitted that he began selling methamphetamine, and stated that such sales began in late December 2010 and continued until approximately June 2011. LABUFF provided specifics as to amounts sold and prices paid to the distributors.
The FBI interviewed various "customers" of Hoyt and LABUFF. These individuals confirmed that Hoyt and LABUFF sold methamphetamine, and the amounts of the conspiracy involved more than 50 grams of a substance containing a detectable amount of methamphetamine.
Hoyt pled guilty to federal charges.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that LABUFF will likely serve all of the time imposed by the court. In the federal system, LABUFF does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Federal Bureau of Investigation.
Leland Neil Lapier, Jr. Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on September 24, 2013, before Chief U.S. District Judge Dana L. Christensen, LELAND NEIL LAPIER, JR., a 28-year-old resident of Great Falls, was sentenced to a term of:
Prison: 168 months
Special Assessment: $200
Supervised Release: 5 years
LAPIER was sentenced after a federal district court trial in which he was found guilty of conspiracy to possess with the intent to distribute methamphetamine and possession with the intent to distribute methamphetamine.
Assistant U.S. Attorney Jessica A. Betley prosecuted the case for the United States.
At trial, the following evidence and testimony was presented to the jury.
In January 2012, Great Falls law enforcement became alerted to a large scale methamphetamine conspiracy. Subsequently, Louis Kanyid, Joelle Jones, Ann Wetzel, Joe Wetzel, Mark Kness, Linda Reynolds, Robert Boucher, Ron Leeson, Tammie Lapie, and Mark Abresch have pleaded guilty to various methamphetamine crimes. Through independent investigation, as well as through debriefs of these defendants, law enforcement learned that LAPIER was also an active participant in this conspiracy and responsible for the distribution of methamphetamine throughout Great Falls.
From September 2011, through September 2012, Louis Kanyid brought pounds of actual (pure) methamphetamine from Kennewick, Washington, to Great Falls. Kanyid spoke with law enforcement and said one of his original contacts in Great Falls was LAPIER's sister. Kanyid met her through Craig's List, and she began to purchase and sell methamphetamine provided by Kanyid. Eventually, though, LAPIER took over her position. Kanyid found the methamphetamine market in Great Falls to be extremely profitable, and from April 2012, and forward, he never brought less than a pound of methamphetamine with him on each trip to Great Falls.
Kanyid regularly provided LAPIER with half of the methamphetamine that he brought to town. LAPIER lived with his girlfriend in Great Falls and he conducted his methamphetamine business from the garage. Customers met LAPIER and Kanyid in the garage so that neighbors would not witness the drug transactions. Kanyid paid his methamphetamine supplier $1,200 per ounce and never sold an ounce of methamphetamine in Great Falls for less than $2,000. Kanyid claimed an ounce of methamphetamine could actually be bought for $3,200 in Great Falls. At one point, Kanyid and LAPIER engaged in a contest to see how much methamphetamine each could sell in one day in Great Falls. According to Kanyid, himself and LAPIER made $6,000 each in one day.
In August 2012, Kanyid sold five pounds of methamphetamine in Great Falls, including two pounds directly to LAPIER. Law enforcement eventually seized approximately 38 grams of pure methamphetamine from Kanyid's hotel room.
Law enforcement also arrested Kanyid's girlfriend, Joelle Jones, for her involvement in this methamphetamine conspiracy. Jones later told agents that Kanyid spent a great amount of time with LAPIER. In fact, when police arrested Kanyid, LAPIER immediately called Jones to warn her of the arrest. Jones later took a taxi to LAPIER's house that night and LAPIER's girlfriend provided Jones with a car to drive back to Washington. Jones returned to Great Falls again a week later to meet with LAPIER. After Kanyid's arrest, LAPIER encouraged Jones to bring methamphetamine to him in Great Falls.
After a grand jury indicted Kanyid, Jones, Ann Wetzel, Joe Wetzel, Mark Kness, and Linda Reynolds, LAPIER turned elsewhere to buy methamphetamine. Following the initial indictment and arrests, LAPIER then turned to Robert Boucher in order to purchase methamphetamine.
Boucher was from Spokane, Washington, and began selling methamphetamine in December 2009. He originally made contact with Great Falls methamphetamine dealers through a female Great Falls resident, who traveled to Spokane to purchase methamphetamine. Mark Abresch also accompanied this woman on trips to Spokane. After approximately six months, Boucher began to travel to Great Falls to sell methamphetamine. He normally brought six to eight ounces of methamphetamine on each trip. Boucher stayed at Tammy Lapie's home, and became associated with selling methamphetamine with Lapie, Abresch, and Ron Leeson. Boucher also told agents that he met LAPIER in Great Falls. Boucher regularly sold LAPIER two ounces of methamphetamine at a time, and did that approximately three or four times. LAPIER paid $1,700 per ounce, and last bought methamphetamine from Boucher about one week before Boucher's arrest in December 2012.
Tammy Lapie told agents that LAPIER began to come to her home in October 2012. LAPIER began to look for larger amounts of methamphetamine and turned to Boucher for methamphetamine. Lapie believed LAPIER purchased one ounce of methamphetamine from Boucher on one occasion, and between one to four ounces of methamphetamine on another occasion. Law enforcement seized approximately 44 grams of actual methamphetamine from Lapie's home. Chris Leeson also told agents that people knew that Kanyid was LAPIER's original source of methamphetamine. Leeson once traded a car speaker to LAPIER for an eight ball of methamphetamine.
Mark Abresch originally worked as a confidential informant with the Great Falls Police Department before being dropped as an informant due to continued drug dealing. During the summer of 2012, Abresch bought approximately 60 grams of actual methamphetamine from Boucher through controlled drug buys. Abresch alerted agents in July 2012, that LAPIER always had methamphetamine in Great Falls. Abresch did not purchase methamphetamine from LAPIER because he charged $2,000 per ounce.
In September 2012, Abresch told agents that he had hung out at LAPIER's house on numerous occasions and saw LAPIER with large amounts of methamphetamine. In the spring of 2012, Abresch saw LAPIER with four to six ounces of methamphetamine. Abresch then saw numerous customers purchase the methamphetamine. During mid-summer 2012, Abresch observed Kanyid drop off a half pound of methamphetamine to LAPIER in LAPIER's garage. LAPIER again started distributing the methamphetamine from the garage. Lastly, in August or early September 2012, Abresch observed LAPIER sell four ounces of methamphetamine from his garage.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that LAPIER will likely serve all of the time imposed by the court. In the federal system, LAPIER does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the High Intensity Drug Trafficking Area (HIDTA) Task Force - Russell Country Drug Task Force.
James Michael Youpee Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney(s Office announced that during a federal court session in Great Falls, on September 25, 2013, before U.S. Magistrate Judge Keith Strong, JAMES MICHAEL YOUPEE, a 35-year-old resident of Poplar and an enrolled member of a federally recognized tribe, pled guilty to assault resulting in serious bodily injury. Sentencing has been set for January 16, 2014. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Laura B. Weiss, the government stated it would have proved at trial the following:
On April 4, 2013, YOUPEE was staying at a hotel in Poplar, which is located within the exterior boundaries of the Fort Peck Indian Reservation. YOUPEE got into an argument with a woman he was seeing and she went to a different hotel room. Shortly after, YOUPEE forced his way into the room she had gone into and stabbed and cut a male occupant of the room. As a result, the victim was taken to the local hospital and then flown to Billings.
The victim had life-endangering injuries which required the placement of a chest tube to relieve air pressure in his lung.
YOUPEE faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was a cooperative effort between the Federal Bureau of Investigation and the Fort Peck Tribes Criminal Investigation Division.
Informational: Federal Court Initial AppearancesRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on September 23, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, the following individuals were arraigned:
FRANKLIN GEORGE GRANT, a resident of Billings, appeared on charges of aggravated sexual abuse and abusive sexual contact. He is currently detained. If convicted of these charges, GRANT faces possible penalties of life in prison, a $250,000 fine, and lifetime supervision. Assistant U.S. Attorney Jessica A. Betley is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
EMERY CHARLES CROOKED ARM, a 23-year-old resident of Wyola, appeared on a charge of aggravated sexual abuse. He is currently detained. If convicted of this charge, CROOKED ARM faces possible penalties of life in prison, a $250,000 fine, and lifetime supervision. Assistant U.S. Attorney Lori Harper Suek is the prosecutor for the United States. The investigation was conducted by the Bureau of Indian Affairs.
The defendants pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Informational: Federal Court Initial AppearancesRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on September 25, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, the following individuals were arraigned:
CHASTITY LYNN LONE ELK, a 38-year-old resident of Busby, appeared on charges of conspiracy to possess with the intent to distribute methamphetamine, possession with the intent to distribute methamphetamine, distribution of methamphetamine, use of a firearm in furtherance of a drug trafficking crime, and being a felon-in-possession of a firearm. She is currently detained. If convicted of these charges, LONE ELK faces possible penalties of a mandatory minimum of 10 years in prison and could be sentenced to life, a $10,000,000 fine, and 5 years supervised release. In addition, LONE ELK faces the possibility of an additional mandatory 5 year imprisonment, consecutive to any other sentence, for the use of a firearm during a drug trafficking crime. Assistant U.S. Attorney Lori Harper Suek is the prosecutor for the United States. The investigation was conducted by the Bureau of Indian Affairs.
PATRICIA ANN HALCOMB-SEGNA, a 53-year-old resident of Billings, appeared on charges of conspiracy to possess with the intent to distribute methamphetamine, possession with the intent to distribute methamphetamine, being a felon-in-possession of a firearm, and possession of an unregistered firearm. She is currently detained. If convicted of these charges, HALCOMB-SEGNA faces possible penalties of a mandatory minimum of 10 years in prison and could be sentenced to life, a $10,000,000 fine, and 5 years supervised release. Assistant U.S. Attorney Brendan P. McCarthy is the prosecutor for the United States. The investigation was a cooperative effort between the Eastern Montana High Intensity Drug Task Force and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The defendants pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Informational: Federal Court Initial AppearancesRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on September 24, 2013, before U.S. Magistrate Judge Keith Strong, the following individuals were arraigned:
TIMOTHY M. McALLISTER, a 46-year-old resident of Kansas City, Missouri, appeared on charges of transportation of child pornography, possession of child pornography, and travel with intent to engage in illicit sexual conduct. He is currently detained. If convicted of these charges, McALLISTER faces possible penalties of a mandatory minimum of 15 years in prison and could be sentenced to 30 years, a $250,000 fine, and lifetime supervision. Assistant U.S. Attorney Zeno B. Baucus is the prosecutor for the United States. The investigation was conducted by the U.S. Department of Homeland Security - Homeland Security Investigations.
BRANDY LEE SALWAY, a 23-year-old resident of Santa Fe, New Mexico, appeared on a charge of involuntary manslaughter. She is currently released on special conditions. If convicted of this charge, SALWAY faces possible penalties of 8 years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Ryan G. Weldon is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
JORDAN JOSEPH MORGAN, a 21-year-old resident of Cut Bank, appeared on charges of assault resulting in serious bodily injury and criminal endangerment. He is currently released on special conditions. If convicted of these charges, MORGAN faces possible penalties of 10 years in prison, a $250,000 fine, and 3 years supervised release on each charge. Assistant U.S. Attorney Ryan G. Weldon is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
GEORGE THEODORE SUTHERLAND, a 20-year-old resident of Box Elder, appeared on a charge of aggravated sexual abuse. He is currently detained. If convicted of this charge, SUTHERLAND faces possible penalties of life in prison, a $250,000 fine, lifetime supervision. Assistant U.S. Attorney Danna R. Jackson is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
ROBERT JAMES SCHEAFFER, JR., a 49-year-old resident of Harlem, appeared on a charge of sexual abuse of a minor. He is currently detained. If convicted of this charge, SCHEAFFER faces possible penalties of 15 years in prison, a $250,000 fine, and lifetime supervision. Assistant U.S. Attorney Jessica A. Betley is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
ALDRED AMELINE, JR., a 24-year-old resident of Harlem, appeared on charges of sexual abuse and abusive sexual contact. He is currently detained. If convicted of these charges, AMELINE faces possible penalties of life in prison, a $250,000 fine, and lifetime supervision. Assistant U.S. Attorney Jessica A. Betley is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
JOSHUA JAMES HURLEY, a 31-year-old resident of St. Mary, appeared on charges of assault on a federal officer and making false statements to a federal officer. He is released on special conditions. If convicted of these charges, HURLEY faces possible penalties of 20 years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Ryan G. Weldon is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
The defendants pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Creston Kindness Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on September 25, 2013, before Chief U.S. District Judge Dana L. Christensen, CRESTON KINDNESS, a 30-year-old resident of Fort Hall, Idaho, and an enrolled member of a federally-recognized tribe, was sentenced to a term of:
Prison: 63 months
Special Assessment: $100
Forfeiture: firearm
Supervised Release: 3 years
KINDNESS was sentenced in connection with his guilty plea to assault resulting in serious bodily injury.
In an Offer of Proof filed by Assistant U.S. Attorney Danna R. Jackson, the government stated it would have proved at trial the following:
KINDNESS became agitated when the victim did not tell him where his girlfriend was so he shot the victim in the leg with a .40 caliber Smith and Wesson handgun. The handgun was found in the bathroom, where KINDNESS had been when he was apprehended by tribal law enforcement.
The bullet went through the victim's leg and she was hospitalized for two nights. The bullet, that was retrieved at the crime scene, had mushroomed.
The crime occurred within the exterior boundaries of the Rocky Boy's Indian Reservation.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that KINDNESS will likely serve all of the time imposed by the court. In the federal system, KINDNESS does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Federal Bureau of Investigation.
Wesley Allen Cross Guns Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney(s Office announced that during a federal court session in Great Falls, on September 24, 2013, before U.S. Magistrate Judge Keith Strong, WESLEY ALLEN CROSS GUNS, a 24-year-old resident of Browning and an enrolled member of the Blackfeet Tribe, pled guilty to burglary. Sentencing has been set for January 16, 2014. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Ryan G. Weldon, the government stated it would have proved at trial the following:
On February 4, 2012, "Jane Doe" was in Great Falls because her father was in the hospital. Three individuals walked by her residence in Browning, which was located within the exterior boundaries of the Blackfeet Indian Reservation.
On February 4, 2012, a neighbor was out on his porch and observed three male individuals walking by his neighbor's residence. While he saw the three individuals walking by the residence, he did not see them pass by. He then heard three kicks and he knew that someone was breaking into "Jane Doe's" residence. He told his wife to call their son who is an officer with the Blackfeet Law Enforcement Services.
His wife called their son and then she grabbed her camera. When their son, the officer, pulled up, the officer and the neighbor went into "Jane Doe"'s residence. The neighbor's wife then took pictures of all three individuals running out of the house. The burglary occurred in broad daylight.
The individuals who broke into the house then climbed the fence, and CROSS GUNS escaped. Dustin Jay After Buffalo and Michael Bad Old Man were caught. Bad Old Man had items in his pockets. While waiting for law enforcement to arrive, Bad Old Man stated that he was going to kill the neighbor and the officer when he gets out of jail.
After backup arrived, the officer took pictures of "Jane Doe's" front door to the residence. The door was damaged. The officer stated that he was able to identify all three defendants by name when he saw them in the residence. In particular, the one who had escaped, CROSS GUNS, because he is aware of and knows CROSS GUNS.
When questioned, After Buffalo stated that he did not remember the incident because he was high on methamphetamine. After Buffalo however acknowledged that he "come to" while he was in the house. He stated that after entering the house, the other two individuals started throwing things in their pockets and ordering After Buffalo to do the same. After Buffalo stated that Bad Old Man kicked the door in and he claimed that the other two were going to beat him up if he did not go in there with them. After Buffalo stated that when the cops showed up he ran outside the back door, jumped a fence, and that the officer "beat him up with a bat." After Buffalo then identified all 3 individuals in the photos the neighbor's wife had taken. After Buffalo claimed that he never took anything from the house but stated that he did eat a sandwich in the house.
Bad Old Man and After Buffalo pled guilty to federal charges.
CROSS GUNS faces possible penalties of 20 years in prison, a $20,000 fine and 3 years supervised release.
The investigation was conducted by the Bureau of Indian Affairs.
U.S. Department of Justice Announces Montana Indian Tribes Awarded Public Safety GrantsRead the Press Release
United States Attorney Michael Cotter announced today the U.S. Department of Justice awarded public safety grants to two Montana Indian tribes totaling almost $1.8 million.
The Confederated Salish and Kootenai Tribes have been granted $721,266. Another Montana tribe, the Chippewa Cree Tribe, has been granted $1,094,574.
We're increasing our efforts to support tribal communities and to build and sustain tribal justice systems," stated U.S. Attorney Michael Cotter.
U.S. Attorney Cotter attended a meeting of Attorney General Eric Holder's Native American Issues Subcommittee in Celilo Village, Oregon, where the grants were announced. The Justice Department awarded 192 grants to 110 American Indian tribes, Alaska Native villages, tribal consortia, and tribal designated non-profits. The grants will provide more than $90 million to enhance law enforcement practices and sustain crime prevention efforts.
The grant to the Confederated Salish and Kootenai Tribes was awarded from the Alcohol and Substance Abuse Program overseen by the Office of Justice Programs. Tribes were encouraged to apply for funds to enhance tribal justice systems and support alcohol and substance abuse programs.
The Chippewa Cree tribe received a Public Safety and Community Policing (COPS) grant, a strategic planning grant, and a Violence Against Women Tribal Governments Program grant targeted to help decrease the incidence of violent crime against Indian women and to ensure that perpetrators of violent crimes committed against Indian women are held accountable.
Violence against native women continues at alarming rates and children in Indian country encounter violence far too often," said U.S. Attorney Michael Cotter.
Zachary Lee Blaseg Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on September 18, 2013, before U.S. District Judge Donald W. Molloy, ZACHARY LEE BLASEG, a 36-year-old resident of Livingston, was sentenced to a term of:
- Prison: 78 months
- Special Assessment: $100
- Forfeiture: computers and DVDs
- Supervised Release: 15 years
BLASEG was sentenced in connection with his guilty plea to possession of child pornography.
In an Offer of Proof filed by Special Assistant U.S. Attorney Ole Olson, the government stated it would have proved at trial the following:
In June and July of 2012, an agent for the Montana Division of Criminal Investigation was conducting an online Internet investigation to identify persons using peer-to-peer file sharing networks to download, distribute, and possess child pornography. The agent downloaded several files containing child pornography from an IP address that he later determined was assigned to an address in Livingston.
On October 15, 2012, the agent obtained and executed a search warrant on the address in Livingston. After conducting forensic previews of the computers found in the residence, the agent seized two custom computer towers from a bedroom being rented by BLASEG.
Later that day, the agent made contact with BLASEG on the Montana State University campus in Bozeman. The agent placed BLASEG under arrest on an unrelated traffic warrant. BLASEG agreed to a recorded interview with the agent and admitted that he lived at the address in Livingston. He admitted that the two computers that the Agent seized were his computers by confirming the description of these computers. He admitted that he had been searching for and downloading child pornography using these computers. BLASEG confirmed that the agent would find a large amount of child pornography on both computers.
A forensic examiner conducted a forensic examination on the computers seized from BLASEG's bedroom. Between the two computer towers, the examiner found a total of 477 videos of child pornography and 2,299 images of child pornography. Some of the images portrayed prepubescent children. Some of the images portrayed children engaged in sadistic or masochistic conduct.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that BLASEG will likely serve all of the time imposed by the court. In the federal system, BLASEG does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Montana Division of Criminal Investigation.
Vince Lee Whiteman Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on September 19, 2013, before U.S. District Judge Donald W. Molloy, VINCE LEE WHITEMAN, a 23-year-old resident of Lame Deer and an enrolled member of the Northern Cheyenne Tribe, was sentenced to a term of:
- Prison: 62 months, consecutive to another sentence
- Special Assessment: $200
- Supervised Release: 3 years
WHITEMAN was sentenced after a federal district court trial in which he was found guilty of assault with a dangerous weapon and aiding and abetting assault with a dangerous weapon.
Assistant U.S. Attorney Brendan P. McCarthy prosecuted the case for the United States.
At trial, the following evidence and testimony was presented to the jury.
On the evening of July 29, 2011, the victim was with his nephew and they were drinking together. At some point they met up with WHITEMAN and then, later, met up with Zachary Knows His Gun. All four drove to Soldier Gulch Road where they parked the car and continued to drink. The victim and Knows His Gun were in the back seat of the car. WHITEMAN had a knife with him.
An argument about who was tougher led Knows His Gun to ask WHITEMAN for his knife. WHITEMAN gave him his knife. Knows His Gun then stabbed the victim in the neck. The victim fought back, which resulted in WHITEMAN joining the fight and, according to the victim and Knows His Gun, also stabbing the victim in the neck. The victim got out of the car and was able to run away. The victim identified both Knows His Gun and WHITEMAN as the assailants.
After hiding in the hills for a period of time, the victim went to a house for help.
WHITEMAN was interviewed and admitted that he gave Knows His Gun his knife, but claimed that he did not know why Knows His Gun wanted the knife. He denied stabbing or assaulting the victim and, in fact, claimed that he pulled Knows His Gun away from the victim and tried to help the victim.
Knows His Gun, the nephew, and another witness were interviewed and described the knife that WHITEMAN was carrying the day of the assault. Knows His Gun and the other witness provided law enforcement with drawings of the knife during the investigation.
WHITEMAN was arrested on tribal charges and his pants, which appeared to have blood on them, were seized. DNA analysis confirmed that the major contributor of the DNA extracted from the blood stain on WHITEMAN's pants was the victim's.
Knows His Gun pleaded guilty to assault with a dangerous weapon and is serving a 37-month federal sentence.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that WHITEMAN will likely serve all of the time imposed by the court. In the federal system, WHITEMAN does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Federal Bureau of Investigation and the Bureau of Indian Affairs.
James Benjamin Arnold Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on September 18, 2013, before U.S. District Judge Donald W. Molloy, JAMES BENJAMIN ARNOLD, a 25-year-old resident of Missoula, was sentenced to a term of:
- Prison: 6 months, plus an additional 6 months of house arrest with electronic monitoring
- Special Assessment: $100
- Supervised Release: 4 years
ARNOLD was sentenced in connection with his guilty plea to conspiracy to possess with the intent to distribute marijuana.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica T. Fehr, the government stated it would have proved at trial the following:
On July 20, 2010, a Yellowstone County Sheriff's Office deputy initiated a traffic stop on a black 2010 Mercedes Benz SUV after running the license plate and determining that the owner had a valid arrest warrant. A narcotics-detecting K-9 was called to the scene and positively alerted on the vehicle for the presence of narcotic odors. The vehicle was impounded pending a search warrant application. A subsequent search yielded airline tickets, a cell phone, documents, $14,154 in cash, and user amounts of marijuana.
Detectives had the cellular telephone seized from the vehicle analyzed. The contents revealed that the owner of the vehicle, Joseph Chartraw, had been involved with selling multiple pounds of marijuana, as well as transporting tens of thousands of dollars in cash. Some of the text messages on the phone blatantly discussed prices for pounds of marijuana, smuggling bulk cash via the airlines, having bulk cash from drug proceeds deposited into bank accounts, and dealing marijuana to the Indian reservations in Montana. According to the text messages on the phone, marijuana was distributed to Browning, Polson, Crow Agency, as well as Havre, St. Ignatius, Great Falls, Missoula, Cut Bank, Lolo, and other places throughout Montana.
One of the subjects involved in the conspiracy was ARNOLD. ARNOLD was approached by other members of the conspiracy and agreed to act as a courier for the organization. ARNOLD is reported to have made between 7 and 10 trips for Chartraw to California and Oregon to pick up marijuana and to deliver cash to the sources of supply. ARNOLD's expenses were paid by the organization and he was paid cash and marijuana for each of his trips.
The evidence would prove that it was reasonably foreseeable to ARNOLD, based on his own trips to California and Oregon, as well as his relationship with co-conspirators, including Brandon Bickford, that the conspiracy involved at least 100 kilograms of marijuana and was possessed with the intent to distribute.
Chartraw and Bickford pled guilty to federal charges and have been sentenced.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that ARNOLD will likely serve all of the time imposed by the court. In the federal system, ARNOLD does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Billings Big Sky Safe Streets Task Force.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney(s Office announced that during a federal court session in Billings, on September 19, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, the following individual was arraigned:
JONATHAN RAY GONSALEZ, a 29-year-old resident of Box Elder, appeared on a charge of aggravated sexual abuse/aiding and abetting. He is currently detained. If convicted of this charge, GONSALEZ faces possible penalties of life in prison, a $250,000 fine, and lifetime supervision. Assistant U.S. Attorney Danna R. Jackson is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
The defendant pled not guilty to the charge.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Gregory John Harris Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on September 18, 2013, before U.S. District Judge Donald W. Molloy, GREGORY JOHN HARRIS, a 57-year-old resident of Humboldt County, California, was sentenced to a term of:
- Probation: 3 years, with 6 months house arrest with electronic monitoring
- Special Assessment: $100
- Fine: $15,000
HARRIS was sentenced in connection with his guilty plea to conspiracy to possess with intent to distribute marijuana.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica T. Fehr, the government stated it would have proved at trial the following:
From the summer of 2008, until the summer of 2010, Joseph Chartraw organized and profited from a marijuana distribution network across Montana. Chartraw had numerous distributors and drug couriers in Montana. Chartraw's sources of supply were identified by law enforcement as being in California. Chartraw used his cellular telephone to communicate with everyone in his distribution organization - including some of his sources of supply in California.
Chartraw's original connection to a group of marijuana growers and distributors in California was K.F. K.F. would bring together multiple growers at his home whenever Chartraw or one of his couriers would be arriving in California. K.F. would have several individuals bring their marijuana to his home for redistribution to Chartraw or one of his couriers. HARRIS was one of the sources of supply for Chartraw through K.F. HARRIS knew he was supplying marijuana for resale to K.F. and received money for each of the transactions. K.F. was the primary contact for the group and Chartraw until K.F. and Chartraw had a falling out over a vehicle title.
The evidence would show that HARRIS provided at least more than 2.5 kilograms of marijuana but less than 5 kilograms of marijuana to K.F. for redistribution to Chartraw during the course of his involvement in the conspiracy.
Chartraw pled guilty to federal charges and has been sentenced.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that HARRIS will likely serve all of the time imposed by the court. In the federal system, HARRIS does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Billings Big Sky Safe Streets Task Force.
Franklyn Don Hammontree Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on September 19, 2013, before U.S. District Judge Donald W. Molloy, FRANKLYN DON HAMMONTREE, a 40-year-old resident of Billings, was sentenced to a term of:
- Prison: 15 months, concurrent with a state sentencing
- Special Assessment: $100
- Supervised Release: 3 years
HAMMONTREE was sentenced in connection with his guilty plea to being a felon-in-possession of a firearm.
In an Offer of Proof filed by Assistant U.S. Attorney Kris A. McLean, the government stated it would have proved at trial the following:
On August 30, 2012, a Montana Thirteenth Judicial District Court Judge issued a bench warrant of arrest for HAMMONTREE for alleged violations of his probation and absconding from supervision. His parole officer received information that HAMMONTREE was staying at a local Billings hotel.
On September 27, 2012, HAMMONTREE was arrested at the hotel and a search of his belongings was authorized by the probation officer. Included with his belongings was a backpack that HAMMONTREE admitted was his. A Hi-Point pistol and two loaded magazines were found inside. He immediately made the statement, "that's my protection cause my brother got shot last night." The officers seized the pistol, a Hi-Point, Model C9, 9mm Luger and magazines.
At the time of his arrest on September 27, 2012, HAMMONTREE was a convicted felon on state supervision for a felony drug offense and therefore prohibited from possessing firearms or ammunition.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that HAMMONTREE will likely serve all of the time imposed by the court. In the federal system, HAMMONTREE does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Dawn Marie Menjivar Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on September 18, 2013, before U.S. District Judge Donald W. Molloy, DAWN MARIE MENJIVAR, a 37-year-old resident of Riverton, Wyoming, was sentenced to a term of:
- Prison: 27 months
- Special Assessment: $100
- Community Service: 200 hours
- Supervised Release: 5 years
MENJIVAR was sentenced in connection with her guilty plea to conspiracy to possess with intent to distribute and distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica T. Fehr, the government stated it would have proved at trial the following:
In October of 2010, the FBI Safe Streets Task Force (BSSSTF) received information about a large scale methamphetamine distribution organization operating in Yellowstone County.
In the spring of 2011, law enforcement began performing electronic surveillance on C.M., an individual living in Billings. Investigators discovered that C.M., MENJIVAR and Armando Hernandez-Vaca began supplying the larger methamphetamine organization in late 2010 with methamphetamine after the prior source of supply had a run in with law enforcement. During the investigation law enforcement learned that Hernandez-Vaca delivered methamphetamine to C.M., his co-conspirator, MENJIVAR, and several other individuals from approximately April 2011 to October 2011. Hernandez-Vaca regularly transported two to three pounds of methamphetamine per trip during his involvement in the conspiracy.
In approximately July of 2011, C.M. was incarcerated on non-drug related charges. MENJIVAR took over the distribution of methamphetamine and collection of money for the organization. MENJIVAR stored methamphetamine, distributed methamphetamine, collected money owed for methamphetamine, and regularly kept C.M. informed of the organizations operations while he was incarcerated.
MENJIVAR is responsible for the possession with intent to distribute and the distribution of over 50 grams of a substance containing a detectable amount of methamphetamine in the Billings area.
Hernandez-Vaca pled guilty to conspiracy to possess with the intent to distribute and distribution of methamphetamine.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that MENJIVAR will likely serve all of the time imposed by the court. In the federal system, MENJIVAR does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Billings Big Sky Safe Streets Task Force.
Theo Summers Buffalo Bulltail Found Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that on September 17, 2013, in Billings, after a federal district court trial before U.S. District Judge Donald W. Molloy, THEO SUMMERS BUFFALO BULLTAIL, a 30-year-old resident of Pryor, was found guilty of assault on a federal officer. Sentencing is set for December 18, 2013. He is currently detained.
At trial, the following evidence and testimony was presented to the jury.
On November 2, 2012, a Bureau of Indian Affairs Police officer was called to respond to a disturbance in Pryor. When he got to the house, BULLTAIL was identified by the occupants as the one causing problems. The officer tried to talk with BULLTAIL, but BULLTAIL immediately took a fighting stance. The officer tried to handcuff BULLTAIL, who then started fighting with the officer. During the ensuing scuffle, the officer was struck on the chin by BULLTAIL with the back of his head. The officer then lost his balance and struck his head, which resulted in a loss of consciousness for a brief period of time. The officer sought medical attention for pain in his head.
Assistant U.S. Attorney Lori Harper Suek prosecuted the case for the United States.
BULLTAIL faces possible penalties of 20 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was conducted by the Bureau of Indian Affairs.
Terry Lynn Braine Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on September 18, 2013, before U.S. District Judge Donald W. Molloy, TERRY LYNN BRAINE, a 47-year-old resident of Ashland, was sentenced to a term of:
- Prison: 37months
- Special Assessment: $100
- Supervised Release: 3 years
BRAINE, was sentenced in connection with his guilty plea to domestic assault by a habitual offender.
In an Offer of Proof filed by Assistant U.S. Attorney Lori Harper Suek, the government stated it would have proved at trial the following:
On November 29, 2012, BRAINE punched his elderly father in the eye causing severe swelling, redness, and a laceration. His elderly mother was present as well and suffered emotional trauma from witnessing the attack. BRAINE has four prior tribal court convictions for domestic assault - all of them involve assaults on his elderly parents.
The assault occurred in Lame Deer, which is within the exterior boundaries of the Northern Cheyenne Indian Reservation.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that BRAINE, will likely serve all of the time imposed by the court. In the federal system, BRAINE, does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Bureau of Indian Affairs.
Informational: Federal Court Initial AppearancesRead the Press Release
The United States Attorney(s Office announced that during a federal court session in Great Falls, on September 17, 2013, before U.S. Magistrate Judge Keith Strong, the following individuals were arraigned:
RANDY LEE RIDER, a 47-year-old resident of Klamath Falls, Oregon, appeared on charges of conspiracy to possess with intent to distribute methamphetamine and possession with the intent to distribute methamphetamine. He is currently detained. If convicted of these charges, RIDER faces possible penalties of a mandatory minimum of 10 years to life in prison, a $10,000,000 fine, and 5 years supervised release on each charge. Assistant U.S. Attorney Jessica A. Betley is the prosecutor for the United States. The investigation was a cooperative effort between the Federal Bureau of Investigation and the Montana Division of Criminal Investigation.
THOMAS MICHAEL BAD OLD MAN, a 21-year-old resident of Browning, appeared on a charge of burglary. He is currently detained. If convicted of this charge, BAD OLD MAN faces possible penalties of 20 years in prison, a $50,000 fine, and 3 years supervised release. Assistant U.S. Attorney Ryan G. Weldon is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
The defendants pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.