District of Montana
Press releases recorded for this federal judicial district.
Thomas Roderick Yallup, Jr. Arraigned and 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 March 28, 2013, before U.S. Magistrate Judge Keith Strong, THOMAS RODERICK YALLUP, JR., a 30-year-old resident of Box Elder and an enrolled member of the Rocky Boy's Indian Reservation, was arraigned and pled guilty to assault resulting in serious bodily injury. Sentencing is set for July 25, 2013.
In an Offer of Proof filed by Assistant U.S. Attorneys Chad C. Spraker and Danna R. Jackson, the government stated it would have proved at trial the following:
On October 15,2011, within the exterior boundaries of the Rocky Boy's Indian Reservation, YALLUP assaulted "X.X." As a result of the assault, "X.X." was injured. The victim suffered bite marks, bruising throughout her body, and had pelvic pain so intense she had difficulty walking. "X.X." experienced extreme physical pain. She was in the emergency room for over five hours and was provided medication for her pain.
YALLUP faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was conducted by the Federal Bureau of Investigation.
Jerome Bruce Seaman 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 March 29, 2013, before U.S. District Judge Sam E. Haddon, JEROME BRUCE SEAMAN, a 61-year-old resident of Poplar, pled guilty to theft from an Indian Tribal organization receiving federal grants, Federal False Claims Act violation, and false writings affecting federal monies. Sentencing has been set for July 1, 2013. He is currently released on special conditions.
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:
In Fiscal Year 2010 (October 1, 2009 - September 30, 2010), the Fort Peck Community College (FPCC) received $7,357,080 in federal funding and in Fiscal Year 2011 (October 1, 2010 - September 30, 2011), the College received $8,988,437 in federal funding. These amounts included math and science grants from the National Science Foundation (NSF), and the U.S. Departments of Education and Energy.
SEAMAN was a mathematics instructor and grant administrator at the Fort Peck Community College. SEAMAN's position at the FPCC as an instructor and grant administrator provided training and meeting opportunities designed to benefit the FPCC and enhance the benefits of the grants which SEAMAN administered. These opportunities required travel, which, since it was job related, was reimbursable from federal grants. SEAMAN submitted false records related to 12 trips he completed between December 2009 and March 2011. The investigation revealed that SEAMAN routinely made alternate travel plans, failed to attend any training or conferences for which the travel funding was provided, and made claims against federal and college finances as if he had not engaged in activities which were entirely for his own personal benefit and enrichment. SEAMAN used fabricated and falsified hotel receipts to support his claims for reimbursement. The total amount of travel funds he received, or otherwise benefitted from, related to those trips was approximately $19,359.23.
In addition to the travel advances and reimbursements paid to SEAMAN while he was on personal adventure, SEAMAN also received approximately $9,668.88 in wages from FPCC for the time periods covered by the 12 trips to which he would not have been entitled if the college was aware that he was on what amounted to unauthorized personal leave.
FPCC's former president advised that SEAMAN had admitted in meetings - when challenged about the fraudulent travel claims - that he knew the claims were false.
SEAMAN had originally pled guilty to the first count of the indictment on December 11, 2012. The Court accepted his guilty plea but, as is the practice in federal court, reserved a decision on whether to accept the plea agreement until a presentence report was prepared.
On March 18, 2013, because SEAMAN challenged certain factual allegations in the presentence report that suggested that he be recanting his admission of guilt, the Court rejected the plea agreement and allowed SEAMAN to withdraw his guilty plea to Count I.
Trial on all counts was set for April 2, 2013. On March 22, 2013, SEAMAN moved to change his plea to guilty to the first three counts of the four count indictment without a plea agreement. Today those guilty pleas were accepted and the trial vacated.
SEAMAN faces possible penalties of 10 years in prison, a $250,000 fine, and 3 years supervised release on the first charge, and possible penalties of 5 years in prison, a $250,000 fine, and 3 years supervised release on each of the next two charges.
I meet regularly with tribal officials on each of Montana's reservations, and at each meeting they ask this office to do more to put an end to corruption and theft in the administration of federal grants and programs. I take - and have taken - their pleas to heart when my office created the Guardians Project with just that mission in mind. The change of plea today represents just one of many, many steps this office will take to respond the concerns of our Indian communities for honesty and integrity in tribal government." Michael W. Cotter, United States Attorney for the District of Montana.
The investigation was conducted by a team of agents and auditors working with the U.S. Attorney's Guardians Project, including the Office of Inspector General for the Department of Interior, the Federal Bureau of Investigation, and the Criminal Investigation Division of the Internal Revenue Service.
Jason Bryan Martin 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 March 18, 2013, before U.S. District Judge Sam E. Haddon, JASON BRYAN MARTIN, a 29-year-old resident of Helena, appeared for sentencing. MARTIN was sentenced to a term of:
Prison: 12 months
Special Assessment: $100
Restitution: $10,051.46
Supervised Release: 3 years
MARTIN was sentenced in connection with his guilty plea to theft of government property.
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:
From February 25, 2002, until September 16, 2005, MARTIN was enlisted in the United States military. He was discharged on September 16, 2005, under "Other than Honorable" conditions.
Just prior to his discharge from the military, MARTIN purchased fictitious DD-214 forms from a fellow solider at Miramar Air Force Base who was responsible for providing discharge documents. These fictitious DD-214 forms showed MARTIN's discharge status as "Honorable" rather than the correct discharge status of "Other than Honorable." MARTIN then created an ink stamp signature which he then used to authenticate the fictitious DD-214 forms.
On December 7, 2006, MARTIN fraudulently re-entered the military by submitting one of these fictitious DD-214 forms to the Montana Army National Guard which reflected his prior discharge status as "Honorable." Based upon the fraudulent DD-214 form, MARTIN was re-enlisted into the Montana Army National Guard. MARTIN admitted to investigators that he created and submitted the fraudulent form for the purpose of re-enlisting in the military.
Approximately one month later, MARTIN requested Montgomery GI Bill ("MGIB") educational benefits by submitting an Application For VA Education Benefits, VA Form 22-1990. Also in support of his application, MARTIN submitted a 1606 Educational Application Form and Notice of Basic Eligibility Form attesting to his eligibility in the military for education benefits. Based upon his fraudulent representations, MARTIN was awarded MGBI benefits.
MARTIN received regular monthly (except during the summer) benefit payments under MGIB from January 2007, until May 14, 2009. Based upon his fraudulent re-enlistment, MARTIN obtained more than $10,000 in education benefits which he was not entitled to receive.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that MARTIN will likely serve all of the time imposed by the court. In the federal system, MARTIN 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 U.S. Department of Veterans Affairs - Office of Inspector General.
Dustin Roy Gilpin 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 March 18, 2013, before U.S. District Judge Dana L. Christensen, DUSTIN ROY GILPIN, a 33-year-old resident of Kalispell, pled guilty to receipt of obscenity. Sentencing has been set for July 2, 2013. He is currently released on special conditions.
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 investigation, a Madison County Deputy Sheriff determined an IP address in Kalispell was offering known child pornography files available for download via the Internet. The subscriber information for that IP address was GILPIN'S residence. The Flathead County Sheriff's Office obtained a search warrant for that residence.
On July 3, 2012, the warrant was served, and two generic desktop computers were seized and subsequently forensically examined.
On the first computer the examiner located image files which depict obscene matters of indecent character, specifically children engaged in sexual conduct. The examiner determined that some of the files were associated with the peer-to-peer file sharing program LimeWire. The examiner also determined the files were created between May 2012 and July 2012.
On the second computer the examiner located image files which depict obscene matters of indecent character, specifically children engaged in sexual conduct. The examiner determined these files were also associated with the peer-to-peer file sharing program LimeWire. The files were created between September 29, 2011, and March 13, 2012.
GILPIN faces possible penalties of 5 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was a cooperative effort between the Internet Crimes Against Children (ICAC) Task Force, the Madison County Sheriff's Office, the Flathead County Sheriff's Office, and the Montana Division of Criminal Investigation.
Spencer Glenn Price 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 March 18, 2013, before U.S. District Judge Sam E. Haddon, SPENCER GLENN PRICE, a 46-year-old resident of Great Falls, appeared for sentencing. PRICE was sentenced to a term of:
Prison: 232 months
Special Assessment: $100
Supervised Release: 4 years
PRICE was sentenced in connection with his guilty plea to possession 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 July 2012, law enforcement learned PRICE was potentially involved in methamphetamine distribution around Great Falls. Law enforcement searched PRICE's home around that time and found numerous items of drug paraphernalia, as well as five empty small zip lock bags with a red die design commonly used for methamphetamine distribution.
Law enforcement returned to speak with PRICE a few days later. PRICE answered and told the officers he had recently gone out of state to purchase methamphetamine and he had four ounces of methamphetamine under the couch. Great Falls detectives found and seized cash, methamphetamine, empty sandwich bags with methamphetamine residue, and rolling paper.
PRICE agreed to speak further with detectives and said he began traveling in June to Spokane, Washington, to buy methamphetamine to bring back to Great Falls. Around June 1, 2012, he purchased a half ounce of methamphetamine for $600. Approximately two weeks later he purchased an additional one ounce of methamphetamine for $1200.00. Two weeks later, he purchased two ounces of methamphetamine for $2,400. On his most recent trip to Spokane, just a few days before, he purchased four ounces of methamphetamine for $4,800. PRICE had not yet sold the four ounces of methamphetamine.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that PRICE will likely serve all of the time imposed by the court. In the federal system, PRICE 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 Russell County Drug Task Force.
Mark Kness 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 March 18, 2013, before U.S. District Judge Sam E. Haddon, MARK KNESS, a 54-year-old resident of Great Falls, appeared for sentencing. KNESS was sentenced to a term of:
Prison: 172 months
Special Assessment: $100
Supervised Release: 5 years
KNESS 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 July 2012, detectives from the Great Falls Police Department became alerted to a potential methamphetamine distribution ring in Great Falls. Detectives believed the methamphetamine was being brought to Montana from somewhere near Spokane, Washington.
On September 6, 2012, police received information from an anonymous caller, who stated Linda Reynolds was dealing methamphetamine out of her apartment in Great Falls. Based on this information, police executed a search warrant at Reynolds' apartment. Law enforcement learned Reynolds obtained methamphetamine from Joe and Ann Wetzel, as well as KNESS.
According to Reynolds, KNESS brought his drug dealer, Louis Kanyid, to Reynolds's apartment in the winter of 2012. Kanyid regularly went by "Washington" in Great Falls, because he traveled from the state of Washington. Reynolds observed methamphetamine deals between KNESS and Kanyid, and KNESS would brag about how the methamphetamine was of great quality. KNESS also introduced Joe and Ann Wetzel to Kanyid in the summer of 2012. KNESS routinely met with Kanyid to obtain methamphetamine. He then sold the methamphetamine to Joe and Ann Wetzel, as well as other people throughout Great Falls. Law enforcement seized over 50 grams of actual (pure) methamphetamine in their investigation.
Reynolds, Kanyid, and Joe and Ann Wetzel pled guilty to federal charges.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that KNESS will likely serve all of the time imposed by the court. In the federal system, KNESS 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 Russell County Drug Task Force.
Scott Tyler Winchell 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 March 13, 2013, before Chief U.S. District Judge Richard F. Cebull, SCOTT TYLER WINCHELL, a 19-year-old resident of Billings, appeared for sentencing. WINCHELL was sentenced to a term of:
Prison: 12 months and 1 day
Special Assessment: $200
Supervised Release: 3 years
WINCHELL was sentenced in connection with his guilty plea to possession of a firearm with an obliterated serial number and possession of an unregistered firearm.
In an Offer of Proof filed by Assistant U.S. Attorney Marcia K. Hurd, the government stated it would have proved at trial the following:
On May 11, 2012, a Billings Police officer observed a white Lincoln Towncar traveling east on King Avenue East in Billings. The vehicle failed to dim its lights and the officer attempted to make a traffic stop. The vehicle failed to stop, turned corners on several blocks and hit a dead-end street where it stopped. The driver exited the vehicle and ran. The officer contacted the registered owner of the vehicle and received permission to search the vehicle.
Drug paraphernalia found on the car's front seat and shotgun ammunition in the glove compartment were recovered during the search. The officer also observed what appeared to be a sawed-off rifle in the trunk and stopped his search. The Bureau of Alcohol, Tobacco, Firearms and Explosives was called and a state search warrant obtained. Recovered was Ruger, model 10/22, .22 caliber, semi-automatic rifle, serial number obliterated, having an overall length of approximately 19 3/4" and a barrel length of approximately 9 7/16" that was not registered in the National Firearms Registration and Transfer record. Both the barrel and the overall length were in violation of federal law and had clearly been sawn off. In addition, the serial number had been ground off.
The owner reported that he had purchased the car for WINCHELL and that WINCHELL had been driving it. The officer identified WINCHELL as the person who had been driving the car and had ran from the scene.
Law enforcement attempted to contact WINCHELL and spoke with his brother. His brother asked how much trouble WINCHELL was in and reported that WINCHELL "didn't even have a chance to shoot the guns yet." The officer also spoke with WINCHELL's mother who stated that WINCHELL would haven't had the guns for a bad purpose. She reported she would have WINCHELL contact the officer, but that did not occur.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that WINCHELL will likely serve all of the time imposed by the court. In the federal system, WINCHELL 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.
Informational: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on March 13, 2013, before U.S. Magistrate Judge Jeremiah C. Lynch, the following individuals were arraigned:
JAMES STANLEY HATLEY, age 28, STACY RENEE FOX, age 35, residents of Yakima, Washington, and ERVIN SALGADO OSARIO, a 32-year-old resident of Toppenish, Washington, appeared on charges of conspiracy to distribute methamphetamine and distribution of methamphetamine. They are currently released on special conditions. If convicted of these charges, they each face possible penalties of a mandatory minimum of 5 years and could be sentenced to 40 years, a $2,000,000 fine, and four years supervised release. Assistant U.S. Attorney Tara J. Elliott 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.
DANIEL AARON ROY, a resident of Missoula, appeared on charges of conspiracy to distribute methamphetamine, possession with the intent to distribute methamphetamine, and possession of a firearm in furtherance of a drug trafficking crime. He is currently detained If convicted of these charges, ROY 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 Tara J. Elliott is the prosecutor for the United States. The investigation was conducted by the Missoula High Intensity Drug Trafficking Area (HIDTA) Task Force.
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 ArraignmentsRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on March 12, 2013, before U.S. Magistrate Judge Keith Strong, the following individuals were arraigned:
ROY ALEXANDER BRIGGS, a 34-year-old resident of Helena, appeared on charges of possession of child pornography and failure to register as a sexual offender. He is currently detained. If convicted of these charges, BRIGGS faces possible penalties of a mandatory minimum of 10 years in prison and could be sentenced to 20 years, a $250,000 fine, and lifetime supervision. Assistant U.S. Attorney Marcia K. Hurd is the prosecutor for the United States. The investigation was a cooperative effort between the Federal Bureau of Investigation, the Helena Police Department, the U.S. Department of Homeland Security - Homeland Security Investigations, the Montana Division of Criminal Investigation, and the Montana Internet Crimes Against Children (ICAC) Task Force.
CORWIN DALLAS FOURSTAR, a 19-year-old resident of Wolf Point, appeared on charges of aggravated sexual abuse and sexual abuse. He is currently detained. If convicted of these charges, FOURSTAR faces possible penalties of life in prison, a $250,000 fine, and lifetime supervision. Assistant U.S. Attorney Laura B. Wess is the prosecutor for the United States. The investigation was a cooperative effort between the Federal Bureau of Investigation and the Fort Peck Tribes Criminal Investigation Division.
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 ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on March 13, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, the following individual was arraigned:
MICHELLE RENEE KINDNESS, a 47-year-old resident of Billings, appeared on charges of conspiracy to distribute methamphetamine, possession with the intent to distribute methamphetamine, and distribution of methamphetamine. She is currently detained. If convicted of these charges, KINDNESS faces possible penalties of a mandatory minimum of 10 years in prison and could be sentenced to life, a $4,000,000 fine, and 5 years supervised release. Assistant U.S. Attorney Lori Harper Suek is the prosecutor for the United States. The investigation was a cooperative effort between the Bureau of Indian Affairs and the Federal Bureau of Investigation.
The defendant 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 ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on March 14, 2013, before U.S. Magistrate Judge Keith Strong, the following individual was arraigned:
JOURDEN ST. MARKS, a 23-year-old resident of the Rocky Boy's Reservation, appeared on a charge of assault resulting in serious bodily injury. He is currently detained. If convicted of this charge, ST. MARKS faces possible penalties of 10 years in prison, a $250,000 fine, and 3 years supervised release. 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.
David Joseph Sanders 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 March 13, 2013, before Senior U.S. District Judge Jack D. Shanstrom, DAVID JOSEPH SANDERS, a 49-year-old resident of Billings, appeared for sentencing. SANDERS was sentenced to a term of:
Prison: 135 months
Special Assessment: $200
Supervised Release: 3 years
SANDERS was sentenced in connection with his guilty plea to distribution of oxycodone.
In an Offer of Proof filed by Assistant U.S. Attorney Paulette L. Stewart, the government stated it would have proved at trial the following:
From February 2012 until May 14, 2012, SANDERS sold oxycodone and dilaudid (hydromorphone) to undercover law enforcement officers in Billings.
SANDERS received prescription pills from other people in the Billings area and then sold them to undercover officers. SANDERS sold oxycodone and dilaudid on February 24, March 28, and April 16, 2012.
On May 14, 2012, SANDERS was arrested in a buy/bust operation.
In total, officers purchased 167 dilaudid and 100 oxycodone pills from SANDERS. On May 14, 2012, the officers recovered 69 dilaudid and 40 oxycodone pills.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that SANDERS will likely serve all of the time imposed by the court. In the federal system, SANDERS 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 Drug Enforcement Administration.
Ali Dwayne Khan 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 March 13, 2013, before Senior U.S. District Judge Jack D. Shanstrom, ALI DWAYNE KHAN, a 33-year-old resident of Billings, appeared for sentencing. KHAN was sentenced to a term of:
Prison: 211 months
Special Assessment: $400
Supervised Release: 5 years
KHAN was sentenced after a federal district court trial in which he was found guilty of conspiracy to possess with intent to distribute methamphetamine, possession with the intent to distribute methamphetamine, and possession of a firearm in furtherance of a drug trafficking crime. Assistant U.S. Attorney Marcia K. Hurd prosecuted the case for the United States.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that KHAN will likely serve all of the time imposed by the court. In the federal system, KHAN 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 Billings Big Sky Safe Streets Task Force and the Federal Bureau of Investigation.
Louis Shane Kanyid, Ann Joy Wetzel, Joseph Allen Wetzel, and Joelle Marie Jones 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 March 11, 2013, before U.S. District Judge Sam E. Haddon, ANN JOY WETZEL, age 55, JOSEPH ALLEN WETZEL, age 52, residents of Great Falls, and LOUIS SHANE KANYID, age 30, and JOELLE MARIE JONES, age 34, residents of Kennewick, Washington, appeared for sentencing.
ANN WETZEL was sentenced in connection with her guilty plea to possession with intent to distribute methamphetamine to a term of:
Prison: 52 months
Special Assessment: $100
Supervised Release: 4 years
JOSEPH WETZEL was sentenced in connection with his guilty plea to possession with intent to distribute methamphetamine to a term of:
Prison: 66 months
Special Assessment: $100
Supervised Release: 4 years
JONES was sentenced in connection with her guilty plea to aiding and abetting the crime of possession with intent to distribute methamphetamine to a term of:
Prison: 44 months
Special Assessment: $100
Supervised Release: 4 years
KANYID was sentenced in connection with his guilty plea to conspiracy to possess with intent to distribute methamphetamine to a term of:
Prison: 240 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:
In July 2012, detectives from the Great Falls Police Department were alerted to a potential methamphetamine distribution ring in Great Falls. Detectives believed the methamphetamine was being brought to Montana from somewhere near Spokane, Washington.
On September 6, 2012, police received information from an anonymous caller, who stated Linda Reynolds was dealing methamphetamine out of her apartment in Great Falls. Based on this information, police executed a search warrant at Reynolds' apartment. Law enforcement learned Reynolds obtained methamphetamine from JOE and ANN WETZEL, as well as Mark Kness.
According to Reynolds, Kness brought his drug dealer, KANYID, to Reynolds' apartment in the winter of 2012. KANYID regularly went by "Washington" in Great Falls, because he traveled from the state of Washington. Reynolds observed methamphetamine deals between Kness and KANYID, and Kness would brag about how the methamphetamine was of great quality. Kness also introduced JOE and ANN WETZEL to KANYID in the summer of 2012. Kness routinely met with KANYID to obtain methamphetamine. He then sold the methamphetamine to JOE and ANN WETZEL, as well as other people throughout Great Falls.
JOE WETZEL stated he had only recently began dealing methamphetamine and had received three-and-a-half ounces of methamphetamine from KANYID But JOE WETZEL also added he had received an average of three grams of methamphetamine a week since January 2012 from Kness. JOE WETZEL possessed over five grams of actual (pure) methamphetamine during this time.
On September 11, 2012, KANYID and Kness met at the WETZELS' home. KANYID provided JOE and ANN WETZEL with an ounce of methamphetamine for $1,700. Law enforcement arrested KANYID shortly after this deal.
Law enforcement then found KANYID was staying at a motel in Great Falls. Upon arrival at the motel, officers learned KANYID was sharing a room with JONES and their 18-month-old son. The officers observed JONES, with her infant son, attempting to leave the motel while carrying two bags. Law enforcement spoke with JONES and she stated she had received a call from a man approximately 15 minutes before officers arrived at the motel. The man told JONES to remove the bags from the motel room and place them in the trunk of the car, as well as erase all messages on her phone. JONES undertook these tasks until she was stopped by the officer in the motel lobby.
A search of KANYID and JONES' motel room and these bags revealed cash, cocaine, and methamphetamine, as well as a safe which contained a handgun and ammunition. Law enforcement seized over 50 grams of actual (pure) methamphetamine in their investigation.
Law enforcement contacted ANN WETZEL when she brought methamphetamine to Reynolds' house. At that time, ANN WETZEL had 26.7 grams of actual (pure) methamphetamine in her possession. She told police she purchased methamphetamine from Kness and KANYID on numerous occasions and also sold methamphetamine.
Reynolds and Kness 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 conducted by the Russell County Drug Task Force.
Informational: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on March 12, 2013, before U.S. Magistrate Judge Keith Strong, the following individuals were arraigned:
THEODORE WHITFORD, a 27-year-old resident of Box Elder, appeared on a charge of assault resulting in serious bodily injury. If convicted of this charge, WHITFORD faces possible penalties of 10 years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Danna R. Jackson is the prosecutor for the United States. The investigation was a cooperative effort between the Federal Bureau of Investigation, the Rocky Boy's Police Department, and the Hill County Sheriff's Office.
JOYCE SPOONHUNTER, a 56-year-old resident of Browning, appeared on a charge of wire fraud. She is currently released on special conditions. If convicted of this charge, SPOONHUNTER 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 U.S. Bureau of Land Management - Inspector General's Office.
WILLIAM SZUDERA, a 76-year-old resident of Havre, appeared on a charge of mail fraud. He is currently released on special conditions. If convicted of this charge, SZUDERA faces possible penalties of 20 years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Chad C. Spraker is the prosecutor for the United States. The investigation was conducted by the U.S. Department of Energy.
BLAIR CHIEFSTICK, a 22-year-old resident of Box Elder, appeared on a charge of aggravated sexual abuse. He is currently detained. If convicted of this charge, CHIEFSTICK 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.
JOSCAYNE DENNY, a 33-year-old resident of Box Elder, appeared on a charge of distribution of methamphetamine to a person under the age of 21. She is currently detained. If convicted of this charge, DENNY faces possible penalties of 40 years in prison, a $1,000,000 fine, and 6 years supervised release. Assistant U.S. Attorney Danna R. Jackson is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
WILLIAM DAVIS, JR., a 40-year-old resident of Havre, appeared on charges of aggravated sexual abuse and abusive sexual contact. He is currently detained. If convicted of these charges, DAVIS faces possible penalties of a mandatory minimum of 30 years in prison and could be sentenced to life, a $250,000 fine, and lifetime supervision. 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 Fort Belknap Tribes Law Enforcement.
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 ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on March 12, 2013, before U.S. Magistrate Judge Jeremiah C. Lynch, the following individual was arraigned:
DOUGLAS ROBERT BROOKS, a resident of Missoula, appeared on a charge of receipt of child pornography. He is currently detained. If convicted of this charge, BROOKS faces possible penalties of a mandatory minimum of 15 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 Internet Crimes Against Children (ICAC) Task Force.
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.
Johnathan Miguel Balbin-Murillo 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 March 8, 2013, before Chief U.S. District Judge Richard F. Cebull, JOHNATHAN MIGUEL BALBIN-MURILLO, a 29-year-old resident of Las Vegas, Nevada, appeared for sentencing. BALBIN-MURILLO was sentenced to a term of:
Prison: 46 months
Special Assessment: $a00
Supervised Release: 5 years
BALBIN-MURILLO was sentenced in connection with his guilty plea to conspiracy to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Marcia K. Hurd, the government stated it would have proved at trial the following:
BALBIN-MURILLO came to the attention of law enforcement officers as part of a larger drug case. BALBIN-MURILLO was identified as a person who brought large amounts of methamphetamine from Las Vegas to Billings on behalf of supplier Howard Bonifant to distribute to Bonifant's network here. As others were arrested, they gave testimony that led to the discovery of BALBIN-MURILLO and his role in the operation as a courier between Vegas and Billings. BALBIN-MURILLO was interviewed by agents in November 2011 and confessed that he had been recruited by Howard Bonifant in 2010 to transport methamphetamine from Las Vegas to Billings. After transporting it, BALBIN-MURILLO would stay in Billings and assist in its distribution to Bonifant's next level of distributors, and would then transport the drug proceeds via Greyhound bus back to Las Vegas where he would give the proceeds to Bonifant. BALBIN-MURILLO confirmed that he worked with two other individuals and the three men took turns traveling to Billings with methamphetamine and returning with the money. They would each bring up pounds at a time. BALBIN-MURILLO confirmed distributions to various large customers in Billings. BALBIN-MURILLO's involvement began in January 2010 and ended in November 2010.
Bonifant pled guilty to federal charges.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that BALBIN-MURILLO will likely serve all of the time imposed by the court. In the federal system, BALBIN-MURILLO 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 Billings Big Sky Safe Streets Task Force.
Layne Housel 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 March 8, 2013, before U.S. District Judge Dana L. Christensen, LAYNE HOUSEL, a 61-year-old resident of Philipsburg, appeared for sentencing. HOUSEL was sentenced to a term of:
Prison: 12 months and 1 day
Special Assessment: $100
Supervised Release: 3 years
HOUSEL was sentenced in connection with his guilty plea to Social Security disability fraud.
In an Offer of Proof filed by Assistant U.S. Attorney Leif M. Johnson, the government stated it would have proved at trial the following:
Between 1995 and 2009, HOUSEL received disability payments for himself and his minor children related to degenerative disc disease that prevented him from working. Pursuant to the terms of his continued eligibility to receive disability payments, HOUSEL had to periodically update his status and report whether his condition had changed.
Beginning in 1997, HOUSEL declared employment as a part-time butcher in Hamilton. He reported only $180 in wages per month, which, at that time, was the minimum amount that could be reported without triggering a reassessment of his disability status by the Social Security Administration (SSA). He would later report $200, and then $220 per month as the SSA threshold amounts indicating "substantial gainful activity" increased.
Eventually, SSA officials became aware that HOUSEL was working more than he was reporting. SSA asked HOUSEL to update his work status. HOUSEL reported no new information and reiterated his previous statements about working 2 hours a day for about $200 per month. The SSA also contacted HOUSEL's employer. The employer submitted a report indicating the same thing that HOUSEL had stated - that HOUSEL worked only a couple hours a day for a couple hundred dollars a month. In an interview in 2009 with SSA, HOUSEL stuck to the story that he only worked 2 hours a day for about $200 per month.
A search was conducted at the business. Records there indicated that HOUSEL was working far more than he reported to the SSA and that his employer was paying him cash "under the table" for any amounts above the SSA minimum threshold to qualify for disability payments.
Several former employees at the business confirmed that HOUSEL worked far more than the limited amount reported to SSA.
The cash payments dwarfed the payroll checks. For instance, in November of 2007, HOUSEL was paid nearly $5,000, while he reported only $200.
In a second interview, his employer admitted that he had lied on HOUSEL's behalf and had mis-stated HOUSEL's true work hours and earnings in an effort to help HOUSEL make ends meet.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that HOUSEL will likely serve all of the time imposed by the court. In the federal system, HOUSEL 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 Social Security Administration - Office of Inspector General.
Howard Skaw 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 March 8, 2013, before U.S. District Judge Dana L. Christensen, HOWARD SKAW, a resident of Hamilton, appeared for sentencing. SKAW was sentenced to a term of:
Probation: 3 years
Special Assessment: $50
Restitution: $2,000
Fine: $18,000
Community Service: 200 hours
SKAW was sentenced in connection with his guilty plea to aiding and abetting the theft of public funds.
In an Offer of Proof filed by Assistant U.S. Attorney Leif M. Johnson, the government stated it would have proved at trial the following:
Between 1995 and 2009, Layne Housel received disability payments for himself and his minor children related to degenerative disc disease that prevented him from working. Pursuant to the terms of his continued eligibility to receive disability payments, Housel had to periodically update his status and report whether his condition had changed.
Beginning in 1997, Housel declared employment as a part-time butcher in Hamilton. He reported only $180 in wages per month, which, at that time, was the minimum amount that could be reported without triggering a reassessment of his disability status by the Social Security Administration (SSA). He would later report $200, and then $220 per month as the SSA threshold amounts indicating "substantial gainful activity" increased.
Eventually, SSA officials became aware that Housel was working more than he was reporting. SSA asked Housel to update his work status. Housel reported no new information and reiterated his previous statements about working 2 hours a day for about $200 per month. The SSA also contacted his employer, SKAW, who was also the owner of the business. SKAW submitted a report indicating the same thing that Housel had stated - that Housel worked only a couple hours a day for a couple hundred dollars a month. In an interview in 2009 with SSA, Housel stuck to the story that he only worked 2 hours a day for about $200 per month.
A search was conducted at the business. Records there indicated that Housel was working far more than he reported to the SSA and that SKAW was paying him cash "under the table" for any amounts above the SSA minimum threshold to qualify for disability payments.
Several former employees at the business confirmed that Housel worked far more than the limited amount reported to SSA.
The cash payments dwarfed the payroll checks. For instance, in November of 2007, Housel was paid nearly $5,000, while he reported only $200.
In a second interview, SKAW admitted that he had lied on Housel's behalf and had mis-stated Housel's true work hours and earnings in an effort to help Housel make ends meet.
Housel pled guilty to federal charges and has been sentenced.
The investigation was conducted by the Social Security Administration - Office of Inspector General.
Gayle Patrick Skunkcap, Jr., Jessie Jay St. Goddard, and Woodrow Jay Wells Plead 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 March 4, 2013, before U.S. District Judge Sam E. Haddon, GAYLE PATRICK SKUNKCAP, JR., age 42, JESSIE JAY ST. GODDARD, age 50, and WOODROW JAY WELLS, age 45, residents of Browning, pled guilty to violating the Lacey Act (illegal sale of tribal wildlife) and theft from a tribal government receiving federal funding. Sentencing has been set for June 24, 2013. They are currently released on special conditions.
In an Offer of Proof filed by Assistant U.S. Attorneys Carl E. Rostad and Ryan G. Weldon, the government stated it would have proved at trial the following:
All wildlife on the Blackfeet Indian Reservation is owned by the Blackfeet Indian Tribe. In managing such wildlife, hunting is allowed. Hunting by non-members on the Blackfeet Indian Reservation is a highly regulated activity. The 2010 and 2011 Blackfeet Regulations set forth the number of tags that may be given to non-members and the price of payment required for each tag. These tags are required, are limited in number, and are highly lucrative. There are only between five and ten hunting licenses for each big-game species availabe to non-tribal members each year, with each license costing between $1,500 and $12,000, depending on the animal.
SKUNKCAP, Jr., was the Director of the Blackfeet Fish and Wildlife Department, and ST. GODDARD and WELLS were Tribal Councilmen on the Blackfeet Tribal Business Council. In 2010 and 2011, the Blackfeet Fish and Wildlife Department received federal funding in excess of $220,000, each year.
Between 2010 and 2011, SKUNKCAP, ST. GODDARD, and WELLS held four big-game hunts for country musicians participating in an outdoors television show on the Blackfeet Indian Reservation without obtaining the limited and expensive hunting licenses for non-tribal members to shoot elk, moose, deer, and a black bear. They also used tribal funds and personnel to outfit and guide the musicians, television show hosts, and a fly fishing expert.
They each face possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was a cooperative effort between the U.S. Fish and Wildlife Service, the Federal Bureau of Investigation, and the Blackfeet Internal Affairs Office.
Ray Kyle Nicholson 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 March 6, 2013, before Chief U.S. District Judge Richard F. Cebull, RAY KYLE NICHOLSON, a 30-year-old resident of Billings, appeared for sentencing. NICHOLSON was sentenced to a term of:
Prison: 45 months, consecutive to a state sentence
Special Assessment: $200
Supervised Release: 3 years
NICHOLSON was sentenced in connection with his guilty plea to being an unlawful user of controlled substance in possession of a firearm and possession of a firearm with an obliterated serial number.
In an Offer of Proof filed by Assistant U.S. Attorney Marcia K. Hurd, the government stated it would have proved at trial the following:
On August 7, 2011, at approximately 2:00 a.m., the Billings Police Department received a complaint of a suspicious vehicle in the 2300 block of Avenue C. Responding officers ultimately encountered four persons, one of whom was identified as NICHOLSON. Officers recovered two guns with obliterated serial numbers, one of which was taken from NICHOLSON's person. The gun was a Ruger P85 9mm semi-automatic pistol. When questioned, NICHOLSON admitted that the gun taken from his person was his but claimed that the other gun and the methamphetamine, LSD, and drug paraphernalia in the car were not his. He also admitted that he was addicted to methamphetamine.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that NICHOLSON will likely serve all of the time imposed by the court. In the federal system, NICHOLSON 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.
Sherron Grace American Horse Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on March 6, 2013, before Chief U.S. District Judge Richard F. Cebull, SHERRON GRACE AMERICAN HORSE, a 38-year-old resident of Ashland and an enrolled member of the Northern Cheyenne Tribe, pled guilty to involuntary manslaughter and assault resulting in serious bodily injury. Sentencing has been set for June 5, 2013. She 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 22, 2012, law enforcement responded to a car crash on the Northern Cheyenne Indian Reservation at approximately 1:00 p.m. The officers found one deceased passenger lying outside of the car. Several other passengers were also at the scene and suffered minor to severe injuries. All at the scene identified AMERICAN HORSE as the driver.
While taking photographs at the scene, the officers saw footprints leading away from the crash site and followed them. They found AMERICAN HORSE lying near the road. She appeared to be sleeping. The officers woke her up to determine if she needed medical attention. As she sat up, an unopened can of malt liquor was under her body. Her speech was slurred.
AMERICAN HORSE was taken by ambulance to the Lame Deer Clinic and later treated at the Billings Clinic. A blood alcohol sample was taken some hours after the crash and registered a .169.
AMERICAN HORSE was interviewed several days later. She admitted that she had been drinking and driving at the time of the crash. Through her admissions, the statements of the surviving passengers, and the investigation at the scene, law enforcement learned that AMERICAN HORSE was very drunk, lost control of the car, and rolled the car at least four times. She caused the death of one passenger and another passenger suffered a spinal injury that has resulted in partial paralysis.
AMERICAN HORSE faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release on the involuntary manslaughter charge and 8 years in prison, a $250,000 fine and 3 years supervised release on the assault resulting in serious bodily injury charge.
The investigation was a cooperative effort between the Bureau of Indian Affairs and the Federal Bureau of Investigation.
Erin Ruth Smith Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on March 5, 2013, before Chief U.S. District Judge Richard F. Cebull, ERIN RUTH SMITH, a 21-year-old resident of Wyola and an enrolled member of the Crow Tribe of Indians, pled guilty to assault resulting in serious bodily injury. Sentencing has been set for June 5, 2013. She is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Marcia K. Hurd, the government stated it would have proved at trial the following:
On August 31, 2012, at approximately 8:30 a.m., SMITH was driving (alone) on the Crow Indian Reservation and then went onto Interstate 90. However SMITH was going the wrong way (eastward in the west-bound lanes). SMITH crashed head-on into a vehicle driven by F.H.M. F.H.M. had moved to the passing lane because he was trying to pass a Suburban. F.H.M.'s wife, L.M., along with two other passengers, B.B.C. and L.C., were critically injured in the crash. F.H.M. was not seriously injured and was released from the hospital later that day. Both L.M. and B.B.C. underwent emergency surgeries on the day of the crash. L.C. underwent surgery on September 4, 2012. Additional surgeries were also done. Doctors for L.M., L.C., and B.B.C signed forms indicating that their injuries met the definition of serious bodily injury. Since the crash, L.M., B.B.C., and L.C. have spent multiple days in the hospital and have had numerous surgeries.
SMITH, at the scene of the crash, admitted to drinking alcohol before the crash. She was interviewed while in the hospital recovering from injuries about the crash and the events leading up to the crash. She indicated that she was not sure how she was driving her friend's car the wrong direction on Interstate 90. SMITH, however, was certain that she had not stolen the car. SMITH recalled drinking whiskey and beer and partying with a friend before the crash. At the end of the interview with the agents, SMITH stated, "I am sorry, guys - I am sorry, never again, no more drinking and driving."
SMITH's blood was drawn shortly after the crash, and was sent to the FBI lab for analysis. The results were that SMITH's BAC was 0.235 gm/ml.
SMITH 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 Bureau of Indian Affairs.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on March 1, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, the following individual was arraigned:
JOHN RYAN HUGS, a 32-year-old resident of St. Xavier, appeared on a charge of assault resulting in serious bodily injury. He is currently released on special conditions. If convicted of this charge, HUGS faces possible penalties of 10 years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Marcia Hurd is the prosecutor for the United States. The investigation was conducted by a cooperative effort between the Federal Bureau of Investigation and the Bureau of Indian Affairs.
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.
Christie Ann Medicine Tail 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 March 1, 2013, before Chief U.S. District Judge Richard F. Cebull, CHRISTIE ANN MEDICINE TAIL, a 35-year-old resident of Lodge Grass, was sentenced to a term of:
- Prison: 10 months and 6 days (time served)
- Special Assessment: $100.00
- Supervised Release: 4 years
MEDICINE TAIL was sentenced in connection with his guilty plea to distribution of methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Marcia K. Hurd, the government stated it would have proved at trial the following:
Law enforcement had information that MEDICINE TAIL was selling methamphetamine as part of a bigger drug operation in Big Horn County and on the reservations.
On August 19, 2011, MEDICINE TAIL sold a confidential informant methamphetamine for $200 while at MEDICINE TAIL's residence in Big Horn County.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that MEDICINE TAIL will likely serve all of the time imposed by the court. In the federal system, MEDICINE TAIL 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.
Travis Colby Fuchs 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 February 28, 2013, before Chief U.S. District Judge Richard F. Cebull, TRAVIS COLBY FUCHS, a 29-year-old resident of Billings, appeared for sentencing. FUCHS was sentenced to a term of:
- Prison: 72 months
- Special Assessment: $200.00
- Restitution: $1,915.00
- Supervised Release: 5 years
FUCHS was sentenced in connection with his guilty plea to possession with intent to distribute and distribution of methamphetamine and uttering counterfeit obligations and securities.
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:
FUCHS was identified by law enforcement as a member of a methamphetamine distribution organization in Yellowstone County in 2010. The Bureau of Alcohol, Tobacco, and Firearms (ATF) conducted controlled purchases of methamphetamine from FUCHS from December 2010 to January 2011. During the ATF controlled purchases, FUCHS sold the following amounts of methamphetamine to cooperating individuals on the following dates:
December 19, 2010 - a cooperating individual purchased an 1/8 of an ounce of methamphetamine from FUCHS in Billings (3.2 grams actual with 91.5% purity).
January 5, 2011 - a cooperating individual purchased 8 grams of methamphetamine (94.0% purity/ 6.5 grams actual) from FUCHS in Billings.
January 7, 2011 - a cooperating individual purchased 30 grams of methamphetamine (93.8% purity/ 25.1 grams actual) from FUCHS in Billings.
January 11, 2011 - a cooperating individual purchased 29 grams of methamphetamine (90.4% purity/ 25.2 grams actual) from FUCHS in Billings.
January 24, 2011 - a cooperating individual purchased 86.3 grams of methamphetamine (67.8% purity/ 18.9 grams actual) from FUCHS in Billings.
In addition to FUCHS' drug distribution, he also manufactured and passed counterfeit United States currency in the Billings area from January 2012 until March 2012. The counterfeit money consisted of multiple serial numbers. Law enforcement received approximately $800 in counterfeit money passed, primarily in Billings. An additional $2,765 was seized from a motel room, which was occupied by FUCHS. Further investigation developed that FUCHS was responsible for the manufacturing of the counterfeit notes. FUCHS was interviewed and admitted to manufacturing and passing counterfeit notes. Associates of FUCHS have also identified him as the individual responsible for manufacturing the counterfeit notes. The total amount of counterfeit notes seized and passed to date is $3,945.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that FUCHS will likely serve all of the time imposed by the court. In the federal system, FUCHS 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. Secret Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Billings Big Sky Safe Streets Task Force, and the Federal Bureau of Investigation.
Travis Birdinground 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 February 28, 2013, before Chief U.S. District Judge Richard F. Cebull, TRAVIS BIRDINGROUND, a 44-year-old resident of Hardin, appeared for sentencing. BIRDINGROUND was sentenced to a term of:
- Prison: 18 days (time served)
- Special Assessment: $100
- Supervised Release: 3 years
BIRDINGROUND was sentenced in connection with his guilty plea to maintaining a drug involved premises.
In an Offer of Proof filed by Assistant U.S. Attorney Paulette L. Stewart, the government stated it would have proved at trial the following:
In approximately March of 2011, law enforcement received a complaint that Ross Pattison and BIRDINGROUND were distributing marijuana to numerous people in Hardin and other places in Big Horn County. Through investigation and interviews, law enforcement determined that Pattison possessed a Montana medical marijuana card but was not listed as a caregiver because he is a convicted felon. Law enforcement also determined that BIRDINGROUND worked for Pattison delivering marijuana. BIRDINGROUND also possessed a medical marijuana card and was a caregiver for only one patient. Law enforcement observed BIRDINGROUND leave Pattison's residence numerous times a night and make trips to several residences within Hardin. Law enforcement also observed several individuals drive to Pattison's residence to purchase marijuana from Pattison.
On April 22, 2011, law enforcement executed search warrants for Pattison's Hardin residence and two pickup trucks. Law enforcement seized approximately five pounds of marijuana, approximately $124,000 in cash, digital scales, a paper grocery bag full of zip-lock bags, a methamphetamine pipe with residue, hashish, and photocopies of patient medical marijuana cards for marijuana caregivers Brandon Strecker, Jason Gierke, BIRDINGROUND, and another individual.
On May 23, 2011, law enforcement executed a search warrant at Strecker's Hardin residence. Law enforcement seized a total of 420 marijuana plants - 112 marijuana plants in the attached garage, 239 marijuana plants in the bedroom, one plant in the living room, 68 in the greenhouse and shed. They also seized loose marijuana.
Several witnesses confirmed that Pattison would take and receive orders for marijuana and Gierke, BIRDINGROUND, and another individual would deliver marijuana to the buyers. Several witnesses will testify that after Pattison's house was searched, all deliveries were then made by Strecker or the others.
During an interview with law enforcement on April 22, 2011, BIRDINGROUND admitted his role in the conspiracy to distribute marijuana from Pattison's and Strecker's Hardin residences. The marijuana that he possessed on April 22, 2011, was marijuana that he was delivering for Pattison and Strecker. The marijuana was ordered through Pattison. BIRDINGROUND would pick up the marijuana from Pattison and give Pattison the money after the transaction. Pattison and Strecker paid BIRDINGROUND $800 every two weeks.
During an interview with law enforcement on May 25, 2011, Gierke stated that he helped set up the greenhouses and watering system as part of the marijuana grow operation at Strecker's Hardin residence. Gierke obtained his marijuana from Pattison and Strecker. Gierke, Pattison, and Strecker were "business partners." Pattison put it all together and they grew the marijuana at Strecker's residence.
Chemists with the DEA laboratory in San Francisco tested the marijuana items submitted from the search of Strecker's residence. Some of the items were plant clippings as well as loose marijuana. The result of the analysis was that those items contained a detectable amount of marijuana, a Schedule I controlled substance.
Strecker, Gierke, and Pattison pled guilty to federal charges.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that BIRDINGROUND will likely serve all of the time imposed by the court. In the federal system, BIRDINGROUND 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, the Montana Division of Criminal Investigation.
Doran Leslie Hewitt, II 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 February 28, 2013, before Chief U.S. District Judge Richard F. Cebull, DORAN LESLIE HEWITT, II, a 32-year-old resident of Hardin, appeared for sentencing. HEWITT was sentenced to a term of:
- Prison: 25 days (time served)
- Special Assessment: $100.00
- Supervised Release: 3 years
HEWITT was sentenced in connection with his guilty plea to conspiracy to maintain drug-involved premises.
In an Offer of Proof filed by Assistant U.S. Attorney Paulette L. Stewart, the government stated it would have proved at trial the following:
Around March of 2011, law enforcement received a complaint that Ross Pattison and others were distributing marijuana to numerous people in Hardin and other places in Big Horn County. Through investigation and interviews, law enforcement determined that Pattison possessed a Montana medical marijuana card but was not listed as a caregiver because he is a convicted felon. Pattison hired HEWITT to assist with paperwork with Pattison's tax business as well as the marijuana distribution network. HEWITT also did some marijuana deliveries for Pattison.
On April 22, 2011, law enforcement executed search warrants for Pattison's Hardin residence and two pickup trucks. Law enforcement seized approximately five pounds of marijuana, approximately $124,000 in cash, digital scales, a paper grocery bag full of zip-lock bags, a methamphetamine pipe with residue, hashish, and photocopies of patient medical marijuana cards for marijuana caregivers Brandon Strecker, HEWITT, Travis Birdinground, and Jason Gierke.
On May 23, 2011, law enforcement executed a search warrant at Strecker's Hardin residence. Law enforcement seized a total of 420 marijuana plants - 112 marijuana plants in the attached garage, 239 marijuana plants in the bedroom, one plant in the living room, 68 in the greenhouse and shed. They also seized loose marijuana.
Several witnesses confirmed that Pattison would take and receive orders for marijuana and HEWITT, Gierke, and Birdinground would deliver marijuana to the buyers. Several witnesses will testify that after Pattison's house was searched, all deliveries were then made by Strecker or the others.
Birdinground confirmed that Pattison and Strecker paid Birdinground $800 every two weeks to deliver marijuana for them. Gierke confirmed that Gierke, Pattison, and Strecker were "business partners." Pattison put it all together and they grew the marijuana at Strecker's residence.
Chemists with the DEA laboratory in San Francisco tested the marijuana items submitted from the search of Strecker's residence. Some of the items were plant clippings as well as loose marijuana. The result of the analysis was that those items contained a detectable amount of marijuana, a Schedule I controlled substance.
Pattison, Birdinground, Gierke, and Strecker pled guilty to federal charges
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that HEWITT will likely serve all of the time imposed by the court. In the federal system, HEWITT 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 Montana Division of Criminal Investigation - Billings.
Audra Ann Fisher 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 February 27, 2013, before U.S. District Judge Donald W. Molloy, AUDRA ANN FISHER, a 43-year-old resident of Missoula, appeared for sentencing. FISHER was sentenced to a term of:
- House Arrest: 4 months
- Special Assessment: $100.00
- Restitution: $18,192.99
- Probation: 5 years
FISHER was sentenced in connection with her guilty plea to theft of government property.
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:
FISHER's minor son is disabled and has received Supplemental Security Income ("SSI") since January 2000. FISHER is his representative payee and, as such, agreed to perform a number of accounting and reporting duties, including reporting changes in both her and her son's income and her son's living arrangements. FISHER was periodically reminded of her reporting requirements beginning in 2000.
In April 2002, FISHER began collecting child support payments for her son and failed to report them to the Social Security Administration ("SSA") as required by law. On November 10, 2009, during a routine eligibility review, FISHER finally admitted to receiving sporadic child support payments, but under-reported the total amount of money she had received.
In addition to concealing income from the SSA, FISHER also made false statements to the SSA regarding her son's living arrangements. Between May 30, 2006, and December 1, 2006, and again between December 6, 2007, and April 10, 2009, her son was housed at a treatment center in Texas. On March 18, 2008, FISHER completed two separate Representative Payee Reports and falsely stated on both that her son lived with her during the reporting periods. She also provided false information about her son's residency during an April 2, 2009 SSI review. It was not until April 15, 2009, and again on July 15, 2009, that FISHER accurately reported her son's presence at the treatment center.
On May 11 and May 12, 2011, SSA Special Agent Jacques Hansen interviewed FISHER. She admitted that she knew she was required to report the child support payments but concealed them in order to continue collecting her son's SSI benefits. She also admitted that she understood her legal reporting requirements, confirmed that her son had been housed at a treatment center during the periods referenced above, and said that she failed to report his absence because she knew it would affect his eligibility for SSI.
As a result of FISHER's failure to report income changes and her false statements regarding her son's living arrangements, the SSA overpaid his benefits by $18,192.99.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that FISHER will likely serve all of the time imposed by the court. In the federal system, FISHER 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 Social Security Administration - Office of Inspector General.
Steven Sann 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 January 26, 2013, before U.S. District Judge Dana L. Christensen, STEVEN SANN, a 58-year-old resident of Lolo, appeared for sentencing. SANN was sentenced to a term of:
- Probation: 4 years
- Special Assessment: $100
- Forfeiture: Warehouse
SANN was sentenced in connection with his guilty plea to conspiracy to maintain drug-involved premises.
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:
Beginning in January 2011, and continuing into June 2011, SANN and others maintained a drug premises for the purpose of manufacturing marijuana. This facility was known as "The Wye" located in Missoula. "The Wye" had between 1,000 and 1,200 marijuana plants at various growth stages and was capable of producing at least 30 pounds of marijuana a month. The marijuana was distributed through Big Sky Health marijuana dispensaries to marijuana cardholders and individuals who were not marijuana cardholders.
SANN was the original owner of "The Wye" and sold the facility to another individual for approximately $300,000 over a number of months.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that SANN will likely serve all of the time imposed by the court. In the federal system, SANN 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 Missoula High Intensity Drug Trafficking Area (HIDTA) Task Force.
Steven Sann 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 January 26, 2013, before U.S. District Judge Dana L. Christensen, STEVEN SANN, a 58-year-old resident of Lolo, appeared for sentencing. SANN was sentenced to a term of:
- Probation: 4 years
- Special Assessment: $100
- Forfeiture: Warehouse
SANN was sentenced in connection with his guilty plea to conspiracy to maintain drug-involved premises.
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:
Beginning in January 2011, and continuing into June 2011, SANN and others maintained a drug premises for the purpose of manufacturing marijuana. This facility was known as "The Wye" located in Missoula. "The Wye" had between 1,000 and 1,200 marijuana plants at various growth stages and was capable of producing at least 30 pounds of marijuana a month. The marijuana was distributed through Big Sky Health marijuana dispensaries to marijuana cardholders and individuals who were not marijuana cardholders.
SANN was the original owner of "The Wye" and sold the facility to another individual for approximately $300,000 over a number of months.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that SANN will likely serve all of the time imposed by the court. In the federal system, SANN 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 Missoula High Intensity Drug Trafficking Area (HIDTA) Task Force.
Steven Sann 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 February 26, 2013, before U.S. District Judge Dana L. Christensen, STEVEN SANN, a 58-year-old resident of Lolo, appeared for sentencing. SANN was sentenced to a term of:
- Probation: 4 years
- Special Assessment: $100
- Forfeiture: Warehouse
SANN was sentenced in connection with his guilty plea to conspiracy to maintain drug-involved premises.
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:
Beginning in January 2011, and continuing into June 2011, SANN and others maintained a drug premises for the purpose of manufacturing marijuana. This facility was known as "The Wye" located in Missoula. "The Wye" had between 1,000 and 1,200 marijuana plants at various growth stages and was capable of producing at least 30 pounds of marijuana a month. The marijuana was distributed through Big Sky Health marijuana dispensaries to marijuana cardholders and individuals who were not marijuana cardholders.
SANN was the original owner of "The Wye" and sold the facility to another individual for approximately $300,000 over a number of months.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that SANN will likely serve all of the time imposed by the court. In the federal system, SANN 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 Missoula High Intensity Drug Trafficking Area (HIDTA) Task Force.
Justin Hanley Bright Wings Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on February 26, 2013, before Chief U.S. District Judge Richard F. Cebull, JUSTIN HANLEY BRIGHT WINGS, a 27-year-old resident of Lodge Grass, pled guilty to assault resulting in serious bodily injury. Sentencing has been set for May 29, 2013. 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:
JUSTIN HANLEY BRIGHT WINGS, is a 27 year old male, and is an enrolled member of the Crow Tribe of Indians, a federally recognized tribe. The crime occurred within the exterior boundaries of the Crow Indian Reservation.
On June 9, 2012, at approximately noon, BRIGHT WINGS was driving a vehicle with five passengers, one of whom was his 11-month-old son. BRIGHT WINGS was drunk while driving, and lost control of the vehicle on Highway 1, approximately one mile from the intersection of Hwy 1 and Hwy 313, south of Hardin. The vehicle rolled several times and ended up in an irrigation ditch. BRIGHT WINGS's 11-month-old son suffered an epidural hematoma in his head (blood leaking into a layer of the tissue covering the brain) as a result of the wreck. The child was taken to St. Vincent's Hospital in Billings where he was treated.
BRIGHT WINGS's blood was drawn shortly after the crash, and the FBI lab analyzed the blood. The FBI lab report indicates that the defendant's BAC at 14:15 (approximately 1 hr after the crash), was 0.318. Using back-extrapolation calculations to estimate the BAC at the time of the crash, the FBI lab report estimates that the BRIGHT WINGS's BAC at the time of the crash would have been approximately 0.34 (with a possible range of 0.33 to 0.35).
BRIGHT WINGS faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was conducted by a cooperative effort between the Federal Bureau of Investigation and the Bureau of Indian Affairs.
Informational: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on February 26, 2013, before U.S. Magistrate Judge R. Keith Strong, the following individuals were arraigned:
THOMAS MARK MARCEAU, a resident of Browning, appeared on charges of aggravated sexual abuse and abusive sexual contact. He is currently detained. If convicted of these charges, MARCEAU faces possible penalties of a mandatory minimum of 30 years in prison up to life in prison, a $250,000 fine, and at least 5 years up to lifetime supervised release. Assistant U.S. Attorney Ryan Weldon is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
RONALD JAY MILLER, a 56-year-old resident of East Helena, appeared on charges of access with intent to view child pornography, possession of child pornography, and felon in possession of firearms. He is currently detained. If convicted of these charges, MILLER faces possible penalties of a mandatory minimum of 10 years up to 20 years in prison, a $250,000 fine, and at least 5 years up to lifetime supervised release. Assistant U.S. Attorney Marcia Hurd is the prosecutor for the United States. The investigation was conducted by a cooperative effort between the Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms, & Explosives, Montana Division of Criminal Investigation, and the Helena Police Department.
CHRISTOPHER JOSEPH LADUE, a 26-year-old resident of Browning, appeared on a charge of sexual abuse of a minor. He is currently detained. If convicted of this charge, LADUE faces possible penalties of 15 years in prison, a $250,000 fine, and at least 5 years up to lifetime supervised release. Assistant U.S. Attorney Ryan 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.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on February 26, 2013, before U.S. Magistrate Judge Jeremiah C. Lynch, the following individual was arraigned:
RODNEY ROYCE MILLER, a 60-year-old resident of Kalispell, appeared on charges of receipt of child pornography and accessing child pornography with the intent to view. He is currently detained. If convicted of these charges, MILLER faces possible penalties of a minimum of 15 years in prison up to 40 years in prison, a $250,000 fine, and at least 5 years up to lifetime supervised release. Assistant U.S. Attorney Cyndee L. Peterson is the prosecutor for the United States. The investigation was conducted by a cooperative effort between the Internet Crimes Against Children Task Force, Flathead County Sheriff's Office, Montana Division of Criminal Investigation, and United States Probation.
The defendant 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.
Brandon Lee Brauhn 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 February 25, 2013, before U.S. District Judge Sam E. Haddon, BRANDON LEE BRAUHN, a 23-year-old resident of Cut Bank and an enrolled member of the Blackfeet Tribe, pled guilty to burglary. Sentencing has been set for June 10, 2013. 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 6, 2012, the victim went to bed at approximately 7:00 p.m. at his residence in Seville, which is within the exterior boundaries of the Blackfeet Indian Reservation. The victim went to bed alone and no one lives in his apartment with him.
At approximately 2:00 a.m., on October 7, 2012, the victim awoke to the sound of his door being kicked open. The victim then heard BRAUHN's voice. The victim turned on his bedroom light, and he saw BRAUHN enter the bedroom. According to the victim, BRAUHN had a knife, which was described as a "steak knife with a serrated edge." BRAUHN then began yelling, "I should just ......... kill you." BRAUHN also told The victim to "stay away from my mom."
The victim and BRAUHN's mother had previously been in a romantic relationship. That relationship turned sour and ended in physical violence. When law enforcement ultimately arrived at the victim's residence, the victim's face was bloody, blood was present on the bed where the victim was sleeping, and a knife was discovered in the residence. The blood on the bed and knife was determined to be the blood of the victim Moreover, the victim had minor lacerations to his hands.
When law enforcement arrived, BRAUHN stated, "I did this because of my mom." BRAUHN also stated that he did not cut the victim, but that the victim must have stabbed himself.
BRAUHN faces possible penalties of 20 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was conducted by the Federal Bureau of Investigation.
Ross T. Pattison 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 February 21, 2013, before Chief U.S. District Judge Richard F. Cebull, ROSS T. PATTISON, a 49-year-old resident of Hardin, appeared for sentencing. PATTISON was sentenced to a term of:
- Prison: 20 months
- Special Assessment: $100
- Forfeiture: 625 West 1st Street, Hardin, MT
- Supervised Release: 3 years
PATTISON was sentenced in connection with his guilty plea to maintaining a drug involved premises.
In an Offer of Proof filed by Assistant U.S. Attorney Paulette L. Stewart, the government stated it would have proved at trial the following:
In approximately March of 2011, law enforcement received a complaint that PATTISON and Travis Birdinground were distributing marijuana to numerous people in Hardin and other places in Big Horn County. Through investigation and interviews, law enforcement determined that PATTISON possessed a Montana medical marijuana card but was not listed as a caregiver because he is a convicted felon. Law enforcement also determined that Birdinground worked for PATTISON delivering marijuana. Birdinground also possessed a medical marijuana card and was a caregiver for only one patient. Law enforcement observed Birdinground leave PATTISON's residence numerous times a night and make trips to several residences within Hardin. Law enforcement also observed several individuals drive to PATTISON's residence to purchase marijuana from PATTISON.
On April 22, 2011, law enforcement executed search warrants for PATTISON's Hardin residence and two pickup trucks. Law enforcement seized approximately five pounds of marijuana, approximately $124,000 in cash, digital scales, a paper grocery bag full of zip-lock bags, a methamphetamine pipe with residue, hashish, and photocopies of patient medical marijuana cards for marijuana caregivers Brandon Strecker, Jason Gierke, Birdinground, and another individual.
On May 23, 2011, law enforcement executed a search warrant at Strecker's Hardin residence. Law enforcement seized a total of 420 marijuana plants - 112 marijuana plants in the attached garage, 239 marijuana plants in the bedroom, one plant in the living room, 68 in the greenhouse and shed. They also seized loose marijuana.
Several witnesses confirmed that PATTISON would take and receive orders for marijuana and Gierke, Birdinground, and another individual would deliver marijuana to the buyers. Several witnesses will testify that after Ross PATTISON's house was searched, all deliveries were then made by Strecker or the others.
During an interview with law enforcement on April 22, 2011, Birdinground admitted his role in the conspiracy to distribute marijuana from PATTISON's and Strecker's Hardin residences. The marijuana that he possessed on April 22, 2011, was marijuana that he was delivering for PATTISON and Strecker. The marijuana was ordered through PATTISON. Birdinground would pick up the marijuana from PATTISON and give PATTISON the money after the transaction. PATTISON and Strecker paid Birdinground $800 every two weeks.
During an interview with law enforcement on May 25, 2011, Gierke stated that he helped set up the greenhouses and watering system as part of the marijuana grow operation at Strecker's Hardin residence. Gierke obtained his marijuana from PATTISON and Strecker. Gierke, PATTISON, and Strecker were "business partners." PATTISON put it all together and they grew the marijuana at Strecker's residence.
Chemists with the DEA laboratory in San Francisco tested the marijuana items submitted from the search of Strecker's residence. Some of the items were plant clippings as well as loose marijuana. The result of the analysis was that those items contained a detectable amount of marijuana, a Schedule I controlled substance.
Gierke, Strecker, and Birdinground 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 Drug Enforcement Administration, the Montana Division of Criminal Investigation.
Johnny Ray Rowland 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 February 22, 2013, before Chief U.S. District Judge Richard F. Cebull, JOHNNY RAY ROWLAND, a 38-year-old resident of Lame Deer and an enrolled member of the Northern Cheyenne Tribe, appeared for sentencing. ROWLAND was sentenced to a term of:
- Prison: 46 months
- Special Assessment: $200
- Supervised Release: 3 years
ROWLAND was sentenced in connection with his guilty plea to assault with a deadly weapon and assault resulting in serious bodily injury.
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 21, 2012, the victim was giving a neighbor a ride home to Muddy Cluster, when he was confronted by the neighbor's husband, ROWLAND. The confrontation stemmed from a tussle over a bottle of alcohol. The neighbor tried to take a bottle of alcohol from the car. When the victim tried to stop her, she yelled and got the attention of ROWLAND. The victim was sitting in the passenger front seat when ROWLAND approached the car and punched the victim in the head with brass knuckles. ROWLAND continued to punch the victim in the head and face area with the brass knuckles, yelling threats and his intent to kill the victim. DNA extracted from blood recovered from the interior of the car matches the victim's DNA.
The victim ultimately got out of the car to defend himself. At this point, ROWLAND pulled out a knife and slashed the victim on his head and below his chin. The victim eventually fell to the ground and ROWLAND kicked the victim a few times while he was lying on the ground.
The victim sought medical treatment for his injuries that meet the definition of serious bodily injury.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that ROWLAND will likely serve all of the time imposed by the court. In the federal system, ROWLAND 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 a cooperative effort between the Bureau of Indian Affairs and the Federal Bureau of Investigation.
Informational: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on February 21, 2013, before U.S. Magistrate Judge R. Keith Strong, the following individuals were arraigned:
KE XU, a 25-year-old resident of San Gabriel, California, appeared on charges of conspiracy to commit fraud, wire fraud, access device fraud, and aggravated identity theft. He is currently detained. If convicted of these charges, XU faces possible penalties of twenty years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Bryan Whittaker is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
LIANG WANG, a 30-year-old resident of Monterey, California, appeared on charges of conspiracy to commit fraud, wire fraud, and access device fraud, and aggravated identity theft. He is currently detained. If convicted of these charges, WANG faces possible penalties of twenty years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Bryan Whittaker is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
RODNEY LANE COOPER, a 50-year-old resident of Havre, appeared on charges of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute methamphetamine and distribution of methamphetamine. He is currently detained. If convicted of these charges, COOPER faces possible penalties of a mandatory minimum of 5 years in prison up to 40 years in prison, a $2,000,000 fine, and 4 years supervised release. Assistant U.S. Attorney Jessica Betley is the prosecutor for the United States. The investigation was conducted by the Tri-Agency Drug Task Force.
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 ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on February 21, 2013, before U.S. Magistrate Judge Jeremiah C. Lynch, the following individuals were arraigned:
JAMES TYRONE DAVIS, a 28-year-old resident of Missoula, appeared on a charge of conspiracy to possess with intent to distribute methamphetamine. He is currently released on special conditions. If convicted of this charge, DAVIS faces possible penalties of a minimum mandatory 10 years in prison up to life in prison, a $10,000,000 fine, and 5 years supervised release. Assistant U.S. Attorney Tara J. Elliott is the prosecutor for the United States. The investigation was conducted by a cooperative effort between the Drug Enforcement Administration and Missoula High Intensity Drug Trafficking Area (HIDTA) Task Force.
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.
Brandon Lee Strecker 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 February 21, 2013, before Chief U.S. District Judge Richard F. Cebull, BRANDON LEE STRECKER, a 38-year-old resident of Hardin, was sentenced to a term of:
- Prison: 12 months and 1 day
- Special Assessment: $100
- Forfeiture: Route 1 Box 1263A
- Supervised Release: 3 years
He was sentenced in connection with his guilty plea to maintaining drug involved premises.
In an Offer of Proof filed by Assistant U.S. Attorney Paulette L. Stewart, the government stated it would have proved at trial the following:
In approximately March of 2011, law enforcement received a complaint that Ross Pattison and Travis Birdinground were distributing marijuana to numerous people in Hardin and other places in Big Horn County. Through investigation and interviews, law enforcement determined that Pattison possessed a Montana medical marijuana card but was not listed as a caregiver because he is a convicted felon. Law enforcement also determined that Birdinground worked for Pattison delivering marijuana. Birdinground also possessed a medical marijuana card and was a caregiver for only one patient. Law enforcement observed Birdinground leave Pattison's residence numerous times a night and make trips to several residences within Hardin. Law enforcement also observed several individuals drive to Pattison's residence to purchase marijuana from Pattison.
On April 22, 2011, law enforcement executed search warrants for Pattison's Hardin residence and two pickup trucks. Law enforcement seized approximately five pounds of marijuana, approximately $124,000 in cash, digital scales, a paper grocery bag full of zip-lock bags, a methamphetamine pipe with residue, hashish, and photocopies of patient medical marijuana cards for marijuana caregivers STRECKER, Jason Gierke, Birdinground and another individual.
On May 23, 2011, law enforcement executed a search warrant at STRECKER's Hardin residence. Law enforcement seized a total of 420 marijuana plants - 112 marijuana plants in the attached garage, 239 marijuana plants in the bedroom, one plant in the living room, 68 in the greenhouse and shed. They also seized loose marijuana.
Several witnesses confirmed that Pattison would take and receive orders for marijuana and Gierke, Birdinground, and another individual would deliver marijuana to the buyers. Several witnesses will testify that after Ross Pattison's house was searched, all deliveries were then made by STRECKER or the others.
During an interview with law enforcement on April 22, 2011, Birdinground admitted his role in the conspiracy to distribute marijuana from Pattison's and STRECKER's Hardin residences. The marijuana that he possessed on April 22, 2011, was marijuana that he was delivering for Pattison and STRECKER. The marijuana was ordered through Pattison. Birdinground would pick up the marijuana from Pattison and give Pattison the money after the transaction. Pattison and STRECKER paid Birdinground $800 every two weeks.
During an interview with law enforcement on May 25, 2011, Gierke stated that he helped set up the greenhouses and watering system as part of the marijuana grow operation at STRECKER's Hardin residence. Gierke obtained his marijuana from Pattison and STRECKER. Gierke, Pattison, and STRECKER were "business partners." Pattison put it all together and they grew the marijuana at STRECKER's residence.
Chemists with the DEA laboratory in San Francisco tested the marijuana items submitted from the search of STRECKER's residence. Some of the items were plant clippings as well as loose marijuana. The result of the analysis was that those items contained a detectable amount of marijuana, a Schedule I controlled substance.
Gierke, Pattison, and Birdinground 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 conducted by the following federal, state and local law enforcement agencies: the Drug Enforcement Administration, U.S. Immigration and Customs Enforcement's Homeland Security Investigations, Criminal Investigation Division of the Internal Revenue Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, the Environmental Protection Agency-Criminal Investigation Division, U.S. Customs and Border Protection-Border Patrol, and the Occupational Safety and Health Administration. These federal agencies were assisted by local High Intensity Drug Trafficking Area task forces, the Northwest Drug Task Force, the Kalispell Police Department, the Flathead County Sheriff's Office, the Missoula Police Department, the Missoula County Sheriff's Office, the Missoula High Intensity Drug Trafficking Area (HIDTA) Task Force, the Great Falls Police Department, the Cascade County Sheriff's Office, the Central Montana Drug Task Force, the Billings Police Department, the Yellowstone County Sheriff's Office, the Eastern Montana High Intensity Drug Trafficking Area (HIDTA) Task Force, the Dillon Police Department, the Beaverhead County Sheriff's Office, the Park County Sheriff's Office, the Bozeman Police Department, the Gallatin County Sheriff's Office, the Belgrade Police Department, the Missouri River Drug Task Force, the Helena Police Department, the Lewis & Clark Sheriff's Office, and the Eastern Montana Drug Task Force - Miles City.
Frankie Dushane Kindness 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 February 20, 2013, before Chief U.S. District Judge Richard F. Cebull, FRANKIE DUSHANE KINDNESS, a 39-year-old resident of Crow Agency, appeared for sentencing. KINDNESS was sentenced to a term of:
- Prison: 27 months
- Special Assessment: $100
- Restitution: $2,894.63
- Supervised Release: 3 years
KINDNESS was sentenced in connection with his guilty plea to depredation of government property.
In an Offer of Proof filed by Assistant U.S. Attorney E. Vincent Carroll, the government stated it would have proved at trial the following:
During the early morning hours of March 29, 2012, the FBI was contacted by the BIA Police Department (Crow Agency) regarding an officer involved shooting on River Road, north of Crow Agency. The FBI and BIA started an investigation. The investigation showed that a BIA Police officer was looking for a suspect in an unrelated domestic violence case. As the officer was out on patrol at approximately 2:30 a.m., he came across a car parked on River Road near Crow Agency. KINDNESS was in the driver's seat and her husband was in the passenger seat. The officer stopped his vehicle in front of KINDNESS' vehicle and got out. As the officer approached, KINDNESS put her vehicle in reverse and nearly ran off the road into a ditch as she backed up. She then put the car in drive and drove straight at the officer. KINDNESS swerved, missed the front of the BIA police vehicle, but hit the back bumper. The chase was then "on."
The officer chased KINDNESS' vehicle. Another BIA Police officer parked his police vehicle on River Road in an attempt to block, or slow, KINDNESS. The officer stood adjacent to his vehicle as KINDNESS approached, and he yelled for KINDNESS to stop. KINDNESS did not stop, and hit the front of the officer's vehicle.
The incidents were recorded on both BIA Police vehicles' video cameras. Additionally, paint markings on both police vehicles and on KINDNESS' vehicle show that KINDNESS hit the police vehicles.
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.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on February 19, 2013, before U.S. Magistrate Judge Keith Strong, the following individual was arraigned:
JONATHAN JAMES HENDERSON, a 28-year-old resident of Great Falls, appeared on charges of conspiracy to possess with the intent to distribute methamphetamine and possession with the intent to distribute methamphetamine. He is currently detained. If convicted of these charges, HENDERSON 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 on each count. Assistant U.S. Attorney Bryan R. Whittaker is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
The defendant 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.
Franklin Troy Caplette 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 February 19, 2013, before U.S. District Judge Sam E. Haddon, FRANKLIN TROY CAPLETTE, a 28-year-old resident of Havre, pled guilty to possession with intent to distribute methamphetamine. Sentencing has been set for June 10, 2013. He is currently detained.
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:
CAPLETTE had been known throughout the Rocky Boy's and Havre communities to be a source of methamphetamine for the past several years. Law enforcement began their investigation into CAPLETTE in 2010.
Several witnesses would have testified that they purchased methamphetamine numerous times from CAPLETTE between 2010 and August 2012.
CAPLETTE faces possible penalties of a mandatory minimum of 5 years and could be sentenced to 40 years, a $2,000,000 fine, and 4 years supervised release.
The investigation was conducted by the Havre Police Department.
Christopher Anthony Quinn 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 February 19, 2013, before U.S. Magistrate Judge Jeremiah C. Lynch, CHRISTOPHER ANTHONY QUINN, a 49-year-old resident of Troy, pled guilty to distribution of child pornography. Sentencing has been set for May 24, 2013. He is currently released on special conditions.
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 March 2012, the Missoula Police Department, a member of the Montana Internet Crimes Against Children Task Force, investigated QUINN for trading child pornography via the Internet.
During the investigation, the detective determined that on February 6, 2012, QUINN utilized his email address and laptop to e-mail an image to a yahoo e-mail account. The image depicts child pornography in that it depicts two minor girls engaged in sexually explicit conduct. The image displays the lascivious exhibition of one of the girls' pubic area or genitalia. That e-mail text was: "I have some different sets. Here are a few samples. Just let me know what you like."
A search warrant for QUINN's residence in Lincoln County was obtained and numerous items were seized.
QUINN faces possible penalties of a mandatory minimum of 5 years in prison and could be sentenced to 20 years, a $250,000 fine, and lifetime supervision.
The investigation was a cooperative effort between the Missoula Police Department, the Missoula County Sheriff's Office, the Bozeman Police Department, the U.S. Department of Homeland Security - Homeland Security Investigations, and the Internet Crimes Against Children (ICAC) Task Force.
Billie Joe Bullshields 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 February 19, 2013, before U.S. District Judge Sam E. Haddon, BILLIE JOE BULLSHIELDS, a 29-year-old resident of Browning, pled guilty to distribution of methamphetamine. Sentencing has been set for June 17, 2013.
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:
Beginning in November 2010, Louis Romero, Henry Lopez, and X.X., facilitated the distribution of methamphetamine to Browning. Z.Z. and a confidential informant (CI) assisted Romero, Lopez, and X.X., by transporting the methamphetamine to Browning. The CI made his first trip to Browning in approximately January 2011, and continued to make trips to Browning for several months to sell methamphetamine. Z.Z. and his mother normally picked the CI up at the train station. Z.Z.'s mother assisted the CI in setting up his narcotics shop in her house. On the CI's first trip to Browning, the CI, Z.Z., and Z.Z.'s mother sold approximately a half pound of methamphetamine from Z.Z.'s mother's house. On another trip, a quarter pound of methamphetamine was sold.
Due to the success of selling methamphetamine in Browning, Z.Z. and the CI were also recruited to sell methamphetamine to numerous people in Great Falls. The CI rewarded Z.Z.'s mother's help in selling methamphetamine by buying her a new Ford Explorer, as well as providing her with groceries and living expenses. During this time, BULLSHIELDS also became involved in purchasing methamphetamine from the CI. BULLSHIELDS resold the methamphetamine she purchased from the CI for profit.
The CI met Deanna Wells during the CI's third trip to Browning. Wells accompanied the CI to Great Falls to sell more methamphetamine. They received a large amount of cash during this trip. The CI and Wells regularly deposited cash received from drug deals for cashier's checks, and mailed the checks back to Romero, Lopez, and X.X.
During April 2011, the CI, Z.Z., BULLSHIELDS, and Wells purchased and distributed approximately one pound of methamphetamine throughout Browning and Great Falls. At one point, the CI and Wells drove to Great Falls and rented a motel room where they sold methamphetamine. Shortly thereafter, at the beginning of May, the CI possessed almost two pounds of methamphetamine which the CI began to sell out of Z.Z.'s mother's house. Z.Z. purchased some of this methamphetamine. Z.Z. and BULLSHIELDS regularly purchased the methamphetamine in larger quantities to break down into smaller quantities to re-sell around town. The CI, Wells, BULLSHIELDS, and Z.Z. finished business in Browning and headed to Great Falls with the remaining methamphetamine. BULLSHIELDS took a backpack of methamphetamine into a motel, while the CI and Z.Z. remained outside.
Z.Z. and the CI were ultimately arrested in the parking lot of the motel. Police stopped and found Z.Z. attempting to hide methamphetamine under a nearby car. Police then seized over 50 grams of pure (actual) methamphetamine. After Z.Z. and the CI were arrested, Wells and BULLSHIELDS returned to the hotel room where they retrieved the additional hidden methamphetamine.
From November 2010 until May 2011, BULLSHIELDS distributed 50 or more grams of a substance containing a detectable amount of methamphetamine.
BULLSHIELDS faces possible penalties of a mandatory minimum of 5 years and could be sentenced to 40 years, a $5,000,000 fine, and 4 years supervised release.
The investigation was conducted by the Montana Regional Violent Crimes Task Force.
Shahid Sindhu Khan 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 February 14, 2013, before U.S. District Judge Dana L. Christensen, SHAHID SINDHU KHAN, a 39-year-old resident of Othello, Washington, pled guilty to conspiracy to distribute cocaine. Sentencing has been set for May 23, 2013. He is currently released on special conditions.
In an Offer of Proof filed by Assistant U.S. Attorney Tara L. Elliott, the government stated it would have proved at trial the following:
On August 23, 2012, a Confidential Informant (CI) was scheduled to purchase cocaine from KHAN and Ijaz Khan Sindhu in Missoula. Prior to arriving in Montana, KHAN and Sindhu were stopped by Idaho police officers and it was later discovered that they had 10 ounces of cocaine in their car.
The CI would have testified that he purchased cocaine from Sindhu on numerous occasions between January and August of 2012, and usually purchased approximately 9 ounces of cocaine at a time. He would have further testified that KHAN was with Sindhu on at least 4 or 5 of those occasions and at least once KHAN took the money from the CI for the cocaine.
Sindhu pled guilty to federal charges.
KHAN faces possible penalties of a mandatory minimum of 5 years and could be sentenced to 40 years, a $5,000,000 fine, and 4 years supervised release.
The investigation was conducted by the Federal Bureau of Investigation.
Ijaz Khan Sindhu 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 February 15, 2013, before U.S. District Judge Dana L. Christensen, IJAZ KHAN SINDHU, a 33-year-old resident of Othello Washington, pled guilty to conspiracy to distribute cocaine. Sentencing has been set for May 24, 2013. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Tara L. Elliott, the government stated it would have proved at trial the following:
On August 23, 2012, a Confidential Informant (CI) was scheduled to purchase cocaine from Shahid Khan and SINDHU in Missoula. Prior to arriving in Montana, Khan and SINDHU were stopped by Idaho police officers and it was later discovered that they had 10 ounces of cocaine in their car.
The CI would have testified that he purchased cocaine from SINDHU on numerous occasions between January and August of 2012, and usually purchased approximately 9 ounces of cocaine at a time. He would have further testified that Khan was with SINDHU on at least 4 or 5 of those occasions and at least once Khan took the money from the CI for the cocaine.
Khan pled guilty to federal charges.
SINDHU faces possible penalties of a mandatory minimum of 5 years and could be sentenced to 40 years, a $5,000,000 fine, and four years supervised release.
The investigation was conducted by the Federal Bureau of Investigation.
William Joey Gutierrez 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 February 14, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, WILLIAM JOEY GUTIERREZ, III, a 21-year-old resident of Pryor and an enrolled member of the Crow Tribe of Indians, appeared for sentencing. GUTIERREZ was sentenced to a term of:
Prison: 28 months
Special Assessment: $100
Supervised Release: 3 years
GUTIERREZ 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 E. Vincent Carroll, the government stated it would have proved at trial the following:
On April 17, 2012, GUTIERREZ and the victim were in the bedroom of their house in Dunmore on the Crow Indian Reservation. GUTIERREZ (later while being interviewed by law enforcement) admitted that, while in their bedroom, he hit the victim in her face with his closed fist because of "alcohol and jealousy." Both the victim and GUTIERREZ had been drinking. The victim was taken to the hospital, where she was treated for a fractured orbital and medial wall. Two treating physicians indicated that the victim's injuries constituted serious bodily injury because of extreme physical pain and protracted and obvious disfigurement.
Several witnesses at the house stated that they heard the victim yelling, "No!," and then saw the victim with a swollen eye shortly afterwards.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that GUTIERREZ will likely serve all of the time imposed by the court. In the federal system, GUTIERREZ 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.
Edgard Enrique Le 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 February 14, 2013, before U.S. District Judge Dana L. Christensen, EDGARD ENRIQUE LE, a 29-year-old resident of Escondido, California, pled guilty to transportation with intent to engage in criminal sexual activity. Sentencing has been set for May 23, 2013. He is currently detained.
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:
The victim was born in 1999. In February 2012, the victim resided in Flathead County. At that time, LE resided in California. LE engaged in an online romantic relationship with the 12-year-old victim. Electronic records show conversations about the victim and LE being in love, that they were "engaged" and that they were going to get married. LE used his cell phone to communicate with the victim.
In early February 2012, LE drove from California to the victim's residence in Flathead County. On February 13 and 14, 2012, LE transported the victim in an automobile out of the State of Montana. The intended destination was LE's residence in California. Prior to reaching his residence, the vehicle they were riding in was stopped by law enforcement southwest of the Nevada/California border in California. During an interview with law enforcement, LE stated that his intent was to take the victim to California with him to live. Once in California, LE intended to have a physical and romantic relationship with the victim that included sex acts.
LE faces possible penalties of a mandatory minimum of 10 years in prison and could be sentenced to life, a $250,000 fine, and lifetime supervision.
The investigation was a cooperative effort between the Federal Bureau of Investigation, the Internet Crimes Against Children (ICAC) Task Force, and the Flathead County Sheriff's Office.