District of Montana
Press releases recorded for this federal judicial district.
Eugene Thomas Crawford, Jr., 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 January 18, 2013, before Chief U.S. District Judge Richard F. Cebull, EUGENE THOMAS CRAWFORD, a 46-year-old resident of Glendive, appeared for sentencing. CRAWFORD was sentenced to a term of:
Prison: 180 months
Special Assessment: $100
Supervised Release: life
CRAWFORD was sentenced in connection with his guilty plea to receipt of child pornography.
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:
In 2010, a computer, later found to belong to CRAWFORD, was found to have child pornography images and videos available via peer-to-peer file sharing programs. A search warrant was issued for CRAWFORD's residence in Glendive in January 2011, and various items of computer equipment was seized. When questioned, CRAWFORD admitted that he used the peer-to-peer file sharing program Limewire to receive and possess videos and images of child pornography.
A subsequent forensic examination revealed hundreds of images and movies of child pornography that CRAWFORD had received via the Internet during 2009 and continuing until the equipment was seized. CRAWFORD possessed images and movies of children clearly prepubescent and children engaged in sadistic or masochistic abuse or other depictions of violence. CRAWFORD had thousands of images and 125 videos of child pornography.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that CRAWFORD will likely serve all of the time imposed by the court. In the federal system, CRAWFORD does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Montana Division of Criminal Investigation and the Internet Crimes Against Children (ICAC) Task Force.
This case was brought as part of Project Safe Childhood (PSC), a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, PSC marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about PSC, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/resources.html and click on the tab "resources."
Tanya Marie Nava 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 January 16, 2013, before Chief U.S. District Judge Richard F. Cebull, TANYA MARIE NAVA, a 38-year-old resident of Billings, appeared for sentencing. NAVA was sentenced to a term of:
Prison: 262 months
Special Assessment: $100
Supervised Release: 5 years
NAVA was sentenced in connection with her guilty plea to conspiracy to possess with intent 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:
On September 16, 2009, law enforcement arranged a controlled drug purchase utilizing a Confidential Human Source (CHS). The transaction was set for Grass Range and the CHS made arrangements with Lisa Martinez to set up the deal. Martinez told the CHS that she would be bringing two subjects with her and identified the vehicle in which they would be traveling. Later that evening, the CHS met Lisa Martinez, Lawrence "Larry" Kopp and NAVA at a gas station in Grass Range. The CHS noted that s/he handed Martinez $4,400 for two ounces of methamphetamine and that Larry Kopp was driving and NAVA was in the front passenger seat. After the transaction was completed, a uniformed deputy in Mussellshell County stopped the vehicle for a traffic violation and positively identified all three subjects. Kopp, NAVA, and Martinez, acting in concert, distributed 43.2 grams of 49.4% methamphetamine or 21.3 grams of actual methamphetamine, a Schedule II controlled substance.
On September 28, 2009, the same CHS made telephonic contact with Martinez again for the purpose of purchasing one ounce of methamphetamine in Billings. The following day, on September 29, 2009, the CHS called Martinez again, and she told the CHS to come to her residence in Billings. After arriving at the location, the CHS made contact again with Martinez, Larry Kopp, and NAVA. On the body wire recording, NAVA and Larry Kopp could be heard weighing the methamphetamine out together, as they were having a disagreement as to how much was in an ounce. NAVA and Kopp were acting in concert and aided and abetted each other in weighing out the one ounce of methamphetamine that was to be distributed to the CHS. The CHS ended up purchasing 26.9 grams of 47.9% methamphetamine or 12.8 grams of actual methamphetamine, a Schedule II controlled substance, for $2,400 cash. After the CHS left, it was realized that a digital scale belonging to the Drug Task Force was left there.
On October 23, 2009, the CHS set up another methamphetamine purchase. The CHS agreed to meet CG, who resided with NAVA, Larry Kopp, and Lisa Martinez in Roundup. The CHS met with CG, who was driven to the meet by Joseph Lira with NAVA in the vehicle. The purchase consisted of two ounces of methamphetamine for $4,200. Lira was positively identified as the driver of the vehicle during an interview with CG. CG advised Lira knew the trip to Roundup was for a methamphetamine deal.
On November 12, 2009, the CHS spoke again with CG, and advised that s/he would be sending a friend of theirs to pick the drugs up in Billings. This "friend" was an undercover agent (UA). The UA made telephonic contact with CG on NAVA's cell phone and arranged to meet at a parking lot in Billings. CG called the UA and stated he was standing in front of the store, and the UA picked him up. After the three ounces of methamphetamine and $7,500 was exchanged, the UA dropped CG off around the corner at another business.
Surveillance units observed CG exit the business with NAVA and another person, and the three got into a pickup and left the area. The vehicle was followed and a traffic stop was conducted on it. All three subjects were detained and questioned, but all refused to cooperate. Most of the original buy money was recovered in NAVA's purse ($7,200), with the remaining $300 found in CG's purse.
On November 24, 2009, a search warrant was executed on NAVA's vehicle after it was impounded by the Billings Police Department. During a search of the vehicle, items of drug paraphernalia were located. Additionally, the digital scale that the FBI CHS left at NAVA's residence on the September 29 drug deal was located in the car.
Larry Kopp, Lisa Martinez, and Joseph Lira pled guilty to federal charges and have been sentenced.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that NAVA will likely serve all of the time imposed by the court. In the federal system, NAVA 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.
Damian James Backer Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billiings, on January 17, 2013, before Chief U.S. District Judge Richard F. Cebull, DAMIAN JAMES BACKER, a 21-year-old resident of Lame Deer and an enrolled member of the Northern Cheyenne Tribe, appeared for sentencing. BACKER was sentenced to a term of:
Prison: 21 months
Special Assessment: $100
Supervised Release: 3 years
BACKER 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 Lori Harper Suek, the government stated it would have proved at trial the following:
On August 2, 2011, BACKER came home to find X.X. in the act of raping the victim. BACKER then confronted X.X. and chased him out of the house. BACKER then had an argument with the victim outside of the residence that turned physical. Specifically, BACKER grabbed the victim to carry her back to their house. She struggled with him and fell to the street. BACKER was angry with her and her struggles. He hit and kicked her while she was on the ground. The assault was witnessed by neighbors.
The victim suffered a fracture of her right eye socket with bleeding into the sinuses. She also had severe bruising and lacerations on her eyelids, the bridge of her nose, her right and left cheeks, and lips. She also had some bruises and abrasions on her upper body, knees, and the top of her right foot. These injuries constitute serious bodily injury.
The crime occurred on the Northern Cheyenne Indian Reservation.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that BACKER will likely serve all of the time imposed by the court. In the federal system, BACKER 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.
Tammy Lynn Lapie 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 January 15, 2013, before U.S. District Judge Sam E. Haddon, TAMMY LYNN LAPIE, a 47-year-old resident of Great Falls, pled guilty to possession with the intent to distribute methamphetamine. Sentencing has been set for April 22, 2013. She 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:
During January 2012, law enforcement originally became alerted to a methamphetamine distribution ring from Washington state to Great Falls.
In June 2012, law enforcement learned of an individual, X.X., who made repeated trips from Great Falls to Washington to obtain methamphetamine to re-sell in Great Falls.
On June 29, 2012, a CI (confidential informant) informed the drug task force that X.X. was returning to Great Falls from Washington with methamphetamine. The task force arranged for a controlled drug buy from X.X. near the University of Great Falls. The CI purchased methamphetamine. The CI then continued to make numerous controlled drug buys from X.X. over the next few days.
Law enforcement located X.X.'s car in early July 2012, and the task force tracked this car from Great Falls to Spokane, Washington. The car stayed in Spokane for less than two hours before returning to Great Falls. Law enforcement initiated a traffic stop of the car just outside of Great Falls and they obtained two ounces of methamphetamine. X.X., the driver of the car, told law enforcement he had traveled to Spokane to buy methamphetamine from "Bert." He had been supplied by Bert, who was identified as Robert Boucher, since February or March 2012. In total, X.X. believed he had obtained and distributed approximately ten ounces of methamphetamine that he received from Boucher.
X.X. told law enforcement that Boucher provided him with a GPS system in order for X.X. to find Boucher's house in Spokane. Once X.X. obtained the methamphetamine from Boucher, X.X. would sell the methamphetamine by the gram for $100 around Great Falls. Boucher sold the methamphetamine to X.X. for $1,400 an ounce.
X.X. and Boucher also dealt methamphetamine with LAPIE and another individual, Z.Z., in Great Falls. The methamphetamine dealing continued into the fall of 2012. During the end of October 2012, detectives interviewed additional witnesses. One witness stated that LAPIE was heavily involved in using and dealing methamphetamine. LAPIE obtained her methamphetamine from Boucher, and Boucher delivered methamphetamine to LAPIE approximately once a week.
The witness further provided that Boucher stored the methamphetamine in the hood and trunk of his car. He then divided the methamphetamine between the sellers who obtained the methamphetamine on credit. Boucher stayed in town at LAPIE's house until the money was collected. LAPIE would then repackage the methamphetamine into eight-ball baggies and distribute it to other sellers.
On November 13, 2012, a witness contacted the drug task force and stated Z.Z. was selling methamphetamine. Law enforcement then arranged controlled drug purchases from Z.Z. in Great Falls. The following evening, detectives saw Z.Z. drive to LAPIE's house, where he stayed for a half hour before again returning to his motel room. A little while later, Z.Z. and a woman drove to a gas station. Z.Z. conducted a drug deal in the parking lot. Officers conducted a traffic stop on Z.Z.'s car shortly thereafter.
After ordering Z.Z. out of the car, officers found a glass container of methamphetamine in Z.Z.'s pocket. He spoke with law enforcement and said he had been dealing methamphetamine with LAPIE. Z.Z. regularly purchased two eight balls of methamphetamine per week from LAPIE. Z.Z. also identified Boucher as one of LAPIE's suppliers and said he delivered methamphetamine to LAPIE once per week.
LAPIE 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 Russell County Drug Task Force.
Sally
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on January 11, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, the following individual was arraigned:
ERIN RUTH SMITH, a 22-year-old resident of Wyola, appeared on (3) counts of assault resulting in serious bodily injury. He is currently detained. If convicted of these charges, SMITH faces possible penalties of 10 years in prison, a $250,000 fine, and 3 years supervised release for each count. Assistant U.S. Attorney E. Vincent Carroll 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.
Henry Lopez and April Tyson 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 January 14, 2013, before U.S. District Judge Sam E. Haddon, HENRY LOPEZ, a 50-year-old resident of Los Angeles, California, and APRIL ANN TYSON, a 29-year-old resident of Seattle, Washington, appeared for sentencing. Anthony Ryan Yeverino, a 19-year-old resident of Seattle/Los Angeles, and Louis James Romero, a 44-year-old resident of Seattle/Los Angeles, were previously sentenced for their role in the conspiracy.
LOPEZ was sentenced to a term of:
Prison: 360 months
Special Assessment: $100
Supervised Release: 5 years
TYSON was sentenced to a term of:
Prison: 120 months
Special Assessment: $100
Supervised Release: 5 years
YEVERINO was sentenced to a term of:
Prison: 63 months
Special Assessment: $100
Supervised Release: 5 years
ROMERO was sentenced to a term of:
Prison: 235 months
Special Assessment: $100
Supervised Release: 6 years
LOPEZ, TYSON, Yeverino and Romero were all sentenced in connection with their guilty pleas to conspiracy to possess with the intent to distribute methamphetamine or possession with intent to distribute methamphetamine.
In Offers of Proof filed by Assistant U.S. Attorney Jessica A. Betley, the government stated it would have proved at trial the following:
During late November 2010, LOPEZ, Louis Romero, and X.X. began devising a plan and agreement to distribute methamphetamine from Los Angeles, California, and Seattle, Washington, to the state of Montana. April Tyson and Anthony Yeverino also became involved in this agreement. LOPEZ, Romero, and X.X. helped find people in Montana to distribute and sell the methamphetamine in Browning and Great Falls.
In early 2011, LOPEZ, Romero, and X.X. began supplying and fronting a confidential source (CS) with methamphetamine to sell in Montana. The CS was instructed to return the payments from the sale of the methamphetamine to LOPEZ, Romero, and X.X.. From approximately January through May of 2011, over 500 or more grams of a substance containing a detectable amount of methamphetamine was distributed in Browning and Great Falls under the direction of LOPEZ, Romero, and X.X.. In addition, on two separate occasions in June 2012, LOPEZ mailed over 50 grams or more of a substance containing a detectable amount of methamphetamine to Great Falls.
Law enforcement then became alerted to TYSON and Yeverino, who lived in Seattle, Washington. TYSON and Yeverino helped assist LOPEZ, Romero and X.X., with the distribution of methamphetamine to Montana. On June 22, 2012, Yeverino, Romero and X.X., intended to bring approximately an additional four pounds of methamphetamine to Montana. The plan did not occur on that date, however, they agreed to bring the methamphetamine a few days later, on June 27, 2012.
X.X., Romero, Yeverino, and TYSON agreed that Yeverino would bring the methaphetamine by train from Seattle to Shelby, Montana. Romero paid for Yeverino's train ticket, and TYSON drove Yeverino to the train station. Yeverino had 500 or more grams of a substance containing a detectable amount of methamphetamine concealed under his shirt. Law enforcement arrested Yeverino in Shelby, Montana.
The coordinated efforts of local, state and federal law enforcement in this case is truly a testament to what can be accomplished by a team mentality," said United States Attorney Michael W. Cotter, District of Montana. "The arrests and convictions in this case have stopped a torrent of methamphetamine that was coming in from out-of-state and poisoning our communities."
FBI Special Agent in Charge David J. Johnson of the FBI Salt Lake City Division: "Cities such as Great Falls and Browning, Montana should never become home base for illegal drug operations and this case highlights how law enforcement collaboration bring defendants to justice and leads to safer communities. I would like to congratulate the Montana Regional Violent Crimes Task Force for its dedicated work on this investigation and its tireless efforts to rid our cities of drugs, gangs, and violence."
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that all defendants will likely serve all of the time imposed by the court. In the federal system, defendants 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 Federal Bureau of Investigation Montana Regional Violent Crimes Task Force.
Wayne Alan Partin 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 11, 2013, before U.S. District Judge Dana L. Christensen, WAYNE ALAN PARTIN, a 52-year-old resident of Butte, appeared for sentencing. PARTIN was sentenced to a term of:
- Prison: 120 months
- Special Assessment: $200.00
- Supervised Release: 10 years
PARTIN was sentenced in connection with his guilty plea to conspiracy to distribute controlled substances and accessing with intent to view child pornography.
In an Offer of Proof filed by Assistant U.S. Attorneys Timothy J. Racicot and Cyndee L. Peterson, the government stated it would have proved at trial the following:
In early August 2011, law enforcement officers in Butte received information about a large quantity of prescription medication located at a local residence. The landlords of the residence evicted the tenants and later found a white, five-gallon bucket and a small lunch cooler that were filled with various pills, and a metal box containing smaller boxes with a white, powdery substance.
The bucket of pills had "Stericycle," a bar code, and an SKU number on it. Stericycle is a medical waste disposal company in Butte. An investigating officer interviewed the manager of Stericycle, who said he was not aware of that particular bucket, but confirmed that one of the former tenants of the above-referenced residence had been employed by Stericycle, though he had been terminated.
On August 16, 2011, agents interviewed both former tenants of the residence where the bucket was found. The tenants reported receiving the bucket from PARTIN and buying drugs from PARTIN for approximately three years, including oxycontin, hydrocodone, morphine, and methamphetamine. The tenants said that PARTIN had stolen the drugs from Stericycle - where he was then employed - and described helping PARTIN move several containers of prescription pills from one residence to another in approximately July 2011.
Also on August 16, 2011, officers from Probation and Parole in Silver Bow County, along with the case agents, conducted a probation search of PARTIN's residence in Butte. During the search, officers seized approximately 61,583 pills (controlled and non-controlled substances), Stericycle storage containers, sharps containers, needles, forceps and other medical waste, handwritten notes that appear to describe and identify pills, books used to identify pills, printed images that appeared to be child pornography, and a computer.
A forensic examiner analyzed the computer and determined that between January 2010 and August 2011, PARTIN searched for and viewed child pornography online. The images depicted minors engaged in sexually explicit conduct. In addition, PARTIN used the computer to conduct searches aimed at identifying various pills and prescription medication.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that PARTIN will likely serve all of the time imposed by the court. In the federal system, PARTIN does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the U.S. Department of Homeland Security - Homeland Security Investigations and the Butte-Silver Bow Law Enforcement Agency.
Jeffery W. Larson 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 January 10, 2013, before Chief U.S. District Judge Richard F. Cebull, JEFFERY W. LARSON, a 46-year-old resident of Billings, was sentenced to a term of:
- Prison: 84 months
- Special Assessment: $100.00
- Restitution: $2,000.00
- Supervised Release: 10 years
LARSON was sentenced in connection with his guilty plea to receipt of child pornography.
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 officers were investigating allegations of child pornography access by users utilizing the peer-to-peer file sharing network Gigatribe. One investigation involved a person in Billings who had child pornography available to share via the file sharing program. An undercover agent downloaded a number of child pornography files from that person in early January 2012. A search warrant was obtained for the residence and served on January 18, 2012.
LARSON was one of the occupants of the residence. When questioned, LARSON admitted that he used the peer-to-peer file sharing program Gigatribe to receive and possess thousands of child pornography videos and images. He detailed the search terms he used to find child pornography, how he saved it to various computers and other equipment, and how he had been doing so for a lengthy period of time.
Agents seized various computer equipment at LARSON's residence. A forensic examination revealed thousands of images and movies of child pornography that LARSON had received via the Internet for years and continuing until the equipment was seized. LARSON possessed images and movies of children clearly prepubescent and children engaged in sadistic or masochistic abuse or other depictions of violence.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that LARSON will likely serve all of the time imposed by the court. In the federal system, LARSON 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 Federal Bureau of Investigation, the Billings Police Department, and the Internet Crimes Against Children (ICAC) Task Force.
Scott Lee Hubeny Arraigned and Pleads Guilty U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on January 10, 2013, before U.S. Magistrate Judge Jeremiah C. Lynch, SCOTT LEE HUBENY, a 48-year-old resident of Missoula, was arraigned and pled guilty to theft of government money. Sentencing has been set for May 2, 2013. He is currently released on special conditions.
In an Offer of Proof filed by Assistant U.S. Attorney Timothy J. Racicot, the government stated it would have proved at trial the following:
HUBENY filed for disability benefits from the Social Security Administration ("SSA") on June 2, 1999. He was awarded monthly disability benefits beginning on January 20, 2000. As a beneficiary of SSA disability, HUBENY agreed to report employment or income changes that could affect his eligibility to receive SSA disability payments. At the time of the investigation in this case, HUBENY was receiving $1,400 per month in disability payments.
On April 4, 2011, the SSA received confidential information that HUBENY owned and operated a medical marijuana grow in Missoula and was growing marijuana both at his house and a rented warehouse. HUBENY became a medical marijuana provider under Montana law in August 2009.
On June 30, 2011, federal and state law enforcement officers searched HUBENY's house and his warehouse. They seized a total of approximately 243 marijuana plants, four pounds and 12 ounces of bulk marijuana, 5.06 ounces of Hashish, and various items of marijuana processing equipment (grow lights, digital scales, etc.).
HUBENY was interviewed the same day as the searches. HUBENY stated that he understood his SSA disability reporting requirements regarding changes in employment or income but denied earning any income in excess of $500 per year from his medical marijuana business. He said that he knew he was required to report his employment to SSA and provided no explanation for not doing so, saying only that he did not think about it because he was losing money.
HUBENY's bank records were reviewed which revealed that HUBENY deposited approximately $37,890 into his bank accounts from January 2010 through April 2011. That figure does not include HUBENY's monthly disability payments. Approximately $9,130 of that money came from 19 checks from Sharrott Creek Farms to HUBENY from January 14, 2010 through July 13, 2010. Sharrott Creek Farms is a business involved in growing and selling medical marijuana. When asked about Sharrott Creek Farms during his interview on June 30, 2011, HUBENY said he received two or three checks from that business for no more than $700 total.
HUBENY knowingly failed to disclose employment and income information to the SSA and, as a result, fraudulently received $25,200 in disability benefit payments between April 2010 and September 2011.
HUBENY faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was conducted by the Social Security Administration - Office of Inspector General.
Kevin Michael McCarthy 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 10, 2013, before U.S. District Judge Dana L. Christensen, KEVIN MICHAEL McCARTHY, a 55-year-old resident of Missoula, appeared for sentencing. McCARTHY was sentenced to a term of:
- Prison: 160 months concurrent to State of Montana sentence
- Special Assessment: $200.00
- Supervised Release: life
McCARTHY was sentenced in connection with his guilty plea to receipt of child pornography and possession of child pornography.
In an Offer of Proof filed by Assistant U.S. Attorney Cyndee L. Peterson, the government stated it would have proved at trial the following:
On December 30, 2010, a search warrant for McCARTHY's residence was obtained by the Missoula Police Department. Numerous CDs and DVDs along with McCARTHY's computers were seized. A large collection of child pornography (videos and images) was located on 23 of the discs which depicted children engaged in sexually explicit conduct.
A computer forensic examiner analyzed the three computers and located over 2,000 images and 89 videos of child pornography. The files were created between October 2000 and December 2010 and depict children engaged in sexually explicit conduct.
When interviewed, McCARTHY admitted using file sharing programs to download child pornography, specifically prepubescent girls, and admitted to storing the files on DVDs. He also admitted he received sexual gratification while viewing the child pornography.
McCARTHY was also prosecuted by the Missoula County Attorney's Office. He pled guilty to sexual assault for subjecting a child to sexual contact without consent (starting when the child was 5-6-years old) between January 1, 2003, and December 31, 2008. He also pled guilty to sexual abuse of children for possessing visual medium (i.e. videos on his computer) depicting child pornography. McCARTHY was sentenced to 20 years at Montana State Prison with 16 years suspended for the sexual assault charge and to 10 years at Montana State Prison with 6 years suspended (to run concurrently with the first count) for sexual abuse of children. Under Montana law, McCARTHY is parole eligible after serving one-fourth of his full-term of commitment (full term is 4 years, so parole eligible after 1 year). Based on prison records, McCARTHY was parole eligible on November 14, 2012. He was also ordered to complete Phase I and II of the Sexual Offender Program before being considered for parole.
In rare criminal cases it is appropriate for both federal and state charges to be filed against a defendant - the case against Kevin McCarthy is just such a case," said U.S. Attorney Michael W. Cotter. "The sentence imposed by the state criminal justice system, in this case, to this defendant, based on McCarthy's egregious conduct directed at vulnerable children was simply insufficient. All arms of government have a duty to protect the children of Montana from individuals like McCarthy. The sentence imposed by the federal court today ensures such protection to Montana's children."
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that McCARTHY will likely serve all of the time imposed by the court. In the federal system, McCARTHY 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 Missoula Police Department and the Montana Division of Criminal Investigation.
Gene Kristy Guardipee Jr. Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on January 9, 2013, before U.S. District Judge Dana L. Christensen, GENE KRISTY GUARDIPEE, JR., a 35-year-old resident of Browning and an enrolled member of the Blackfeet Tribe, appeared for sentencing. GUARDIPEE was sentenced to a term of:
- Prison: 87 months
- Special Assessment: $300.00
- Supervised Release: 5 years
GUARDIPEE was sentenced in connection with his guilty plea to sexual abuse of a minor, receipt of child pornography, and possession of child pornography.
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:
GUARDIPEE met the victim when she was 9-years-old. The victim introduced herself to many within GUARDIPEE's family and, while GUARDIPEE was present, stated that she was 9-years-old.
Approximately three years later, the victim kissed GUARDIPEE. The victim was 12-years-old at the time. Then, on the victim's thirteenth birthday, GUARDIPEE had sex with her. The victim explained that she remembered the day because it was both her birthday and a special day for her. This relationship continued for the next year. The victim stated that she had sex with GUARDIPEE many times over a one-year period. All of the sex occurred in Browning, which is on the Blackfeet Indian Reservation. During the sexual relationship, GUARDIPEE was 34 and 35-years-old.
The victim also disclosed that she sent naked pictures of herself to GUARDIPEE. A search warrant was subsequently obtained for GUARDIPEE's cell phone, which law enforcement found on GUARDIPEE when they arrested him. Pictures of the victim, and other minors, were found on GUARDIPEE's cell phone. These pictures were nude pictures, and many of them focused on the vaginal area of the minors. These pictures constituted and contained child pornography. All of the child pornography was received and saved on GUARDIPEE's phone. The photos had been received by GUARDIPEE between November of 2011 and March of 2012.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that GUARDIPEE will likely serve all of the time imposed by the court. In the federal system, GUARDIPEE 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.
Bobbi Rochelle Hurley 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 10, 2013, before U.S. District Judge Dana L. Christensen, BOBBI ROCHELLE HURLEY, a 42-year-old resident of Seeley Lake, appeared for sentencing. HURLEY was sentenced to a term of:
- Community Confinement: 8 months
- Special Assessment: $100.00
- Probation: 5 years
HURLEY was sentenced in connection with her guilty plea to being a felon-in-possession of a firearm.
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:
On September 24, 2011, HURLEY, a convicted felon on state supervision, possessed a Smith & Wesson .44-magnum revolver in the Lolo National Forest. United States Forest Service officers and fire suppression crews located HURLEY and her boyfriend while investigating an out of control/run away campfire. The USFS officers and fire suppression crew members saw HURLEY and her boyfriend shoot the revolver at green trees near them. HURLEY later admitted that she shot the revolver.
A USFS wild land firefighter observed both HURLEY and her boyfriend shoot the revolver across the drainage in a south/southeasterly direction from his location. The firefighter then advised them to stop shooting due to firefighters and the helicopter in the area fighting the fire. They complied with his request.
During this time, HURLEY lost her keys and requested a ride to Seeley Lake. The USFS officer who gave HURLEY and her boyfriend a ride secured a Smith & Wesson .44 magnum revolver, model 629-3. The officer unloaded several rounds from the revolver and secured in the front seat of his patrol vehicle while transporting them. The officer then returned the revolver to HURLEY's boyfriend as he did not run a criminal history check on either one until November 2, 2011.
When interviewed later, HURLEY stated that she unsure how many times she fired the pistol. HURLEY acknowledged that she was a convicted felon who could not possess firearms.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that HURLEY will likely serve all of the time imposed by the court. In the federal system, HURLEY 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 Law Enforcement and Investigations Division of the U.S. Forest Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Montana Probation and Parole.
Verla Ann Still Smoking Pleads 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 January 7, 2013, before U.S. District Judge Sam E. Haddon, VERLA ANN STILL SMOKING, a 41-year-old resident of Browning, appeared for sentencing. STILL SMOKING was sentenced to a term of:
- Prison: 30 months
- Special Assessment: $200.00
- Supervised Release: 2 years
STILL SMOKING was sentenced in connection with her guilty plea to involuntary manslaughter and making false statements.
In an Offer of Proof filed by Assistant U.S. Attorney Joseph E. Thaggard, the government stated it would have proved at trial the following:
An individual identified here as C.G. would have testified that she lived at STILL SMOKING's residence in Browning for a period including March 18-19, 2011. She would have testified that the victim, identified here as R.W., was at STILL SMOKING's residence on March 18-19, 2011. At about 8:30 p.m. on March 19, 2011, the victim became unresponsive while sleeping on a couch at STILL SMOKING's residence and was taken by ambulance to the hospital in Browning where the victim was ultimately pronounced dead at the hospital.
A forensic pathologist and deputy medical examiner performed an autopsy on the victim's' body and stated that the victim died as the result of "mixed toxicity" stemming from her ingestion of drugs. Oxycodone was found in a lethal level in the victim's blood. Gabapentin was found at a high, though not lethal, level in the victim's blood. Dextromethorphan, an over-the-counter cough suppressant, was also found in the victim's blood. The pathologist would have testified that the Gabapentin and Dextromethorphan could have contributed to the lethality of the Oxycodone, but that the Oxycodone was a necessary component in the cause of the victim's death.
On March 19, 2011, STILL SMOKING was interviewed about the circumstances of the victim's death. STILL SMOKING stated that the victim used drugs, including methamphetamine, cocaine, marijuana, and pain pills. STILL SMOKING also stated that the victim had overdosed on cocaine six to eight weeks earlier and was hospitalized.
STILL SMOKING also stated that she had planned to have her prescriptions filled on March 18, 2011, but was unable to do so and that she planned to have her prescriptions filled on March 20, 2011. STILL SMOKING advised that she had her son store her drugs in a safe in his room.
Law enforcement later determined that STILL SMOKING's claim during the March 19, 2011 interview that she had not filled her prescriptions on March 18, 2011, was false. The Kalispell pharmacy confirmed that STILL SMOKING's prescriptions for 210 Oxycodone and 60 Clomazepam were, in fact, filled on March 18, 2011.
In addition, the pharmacy confirmed that on March 16, 2011, STILL SMOKING picked up 120 Gabapentin, a prescription, non-controlled substance.
On March 29, 2011, STILL SMOKING was interviewed again and at this time stated that she had given her drugs to the victim for safekeeping.
Another witness, H.S., would have testified that she was present at STILL SMOKING's home on March 19, 2011. The witness stated that she observed STILL SMOKING give Oxycodone and Gabapentin to the victim for consumption.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that STILL SMOKING will likely serve all of the time imposed by the court. In the federal system, STILL SMOKING 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.
Tilicia Alexis Elliott 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 January 9, 2013, before Senior U.S. District Judge Jack D. Shanstrom, TILICIA ALEXIS ELLIOTT, a 24-year-old resident of Billings, was sentenced to a term of:
- Prison: 120 months
- Special Assessment: $200.00
- Supervised Release: 5 years
ELLIOTT was sentenced in connection with her guilty plea to conspiracy to possess methamphetamine with intent to distribute and possession with intent to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Marcia Hurd, the government stated it would have proved at trial the following:
TILICIA ALEXIS ELLIOTT came to the attention of law enforcement in Billings when she was arrested on a warrant on September 11, 2010, and methamphetamine was found in her purse when she was searched at the jail. ELLIOTT admitted that she had purchased an ounce of methamphetamine that morning for $1700 from a known drug dealer in Billings and that she had already distributed some of the drugs to others. ELLIOTT admitted in approximately March 2010, she began purchasing methamphetamine from multiple sources for redistribution to others. She purchased approximately 4-10 ounces per week, including at least 4 pounds from the dealer mentioned above. She purchased methamphetamine from others, some of whom were already indicted and others that are yet to be indicted.
During debriefs, other users admitted purchasing methamphetamine from ELLIOTT in the past.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that ELLIOTT will likely serve all of the time imposed by the court. In the federal system, ELLIOTT 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's Big Sky Safe Streets Task Force, which includes the Billings Police Department and the Yellowstone County Sheriff's Office.
Ryan James Parker 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 January 2, 2013, before U.S. District Judge Sam E. Haddon, RYAN JAMES PARKER, a 26-year-old resident of Box Elder and an enrolled member of the Rocky Boy's Indian Reservation, pled guilty to involuntary manslaughter. Sentencing has been set for April 1, 2013. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Danna R. Jackson, the government stated it would have proved at trial the following:
On June 14, 2012, near Box Elder on the Rocky Boy's Indian Reservation, PARKER caused a collision between the vehicle he was driving and another vehicle in which an individual died.
PARKER was intoxicated at the time of the collision. According to tribal law enforcement, PARKER was arrested immediately following the collision and given a Breathalyzer test. The result showed his blood alcohol content was .25. The Airbag Control Module report indicated that PARKER was driving 91 mph at -5 seconds prior to the collision and 63 mph at -2 seconds prior to the collision. The posted speed limit on this area was 35 miles per hour.
PARKER faces possible penalties of 8 years in prison, a $250,000 fine and lifetime supervision.
The investigation was conducted by a cooperative effort between the Montana Highway Patrol, the Federal Bureau of Investigation, and the Chippewa Cree Law Enforcement.
Rudolph Lee Shane, Sr. Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on January 8, 2013, before Chief U.S. District Judge Richard F. Cebull, RUDOLPH LEE SHANE, SR., a 64-year-old resident of Crow Agency, pled guilty to tampering with a victim. Sentencing has been set for April 10, 2013. He is currently released on special conditions.
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 February 23, 2012, the Federal Bureau of Investigation received a report alleging that SHANE had harassed a victim in a pending criminal case in federal court.
On February 21, 2012, SHANE had contacted the victim who described the meeting as intimidating and stated she was concerned for her safety. She believed he wanted her to "drop charges" or change her story. The victim did not initially know who he was and had no idea how SHANE knew how to find her.
On February 22, SHANE called the victim's cell phone twice and left a message. In addition, SHANE's daughter contacted the victim at the request of SHANE. SHANE had also called the victim's mother earlier in the case and asked her to talk to the victim about dropping the charges.
When interviewed, SHANE admitted the contact and indicated he did so because he believed that the victim would take pity on the defendant in the case and "do the right thing." When asked what he was thinking by contacting the victim, SHANE reported that he thought if the victim withdrew her complaint or changed her mind, it would help the defendant.
SHANE faces possible penalties of 20 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 Bureau of Indian Affairs.
Robert Dean Boucher 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 January 8, 2013, before U.S. District Judge Sam E. Haddon, ROBERT DEAN BOUCHER, a 52-year-old resident of Spokane, pled guilty to conspiracy to possess with intent to distribute methamphetamine. Sentencing has been set for April 8, 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:
During January 2012, detectives originally became alerted to a methamphetamine distribution ring from Washington state to Great Falls, Montana. In June 2012, detectives learned of an individual, M.E.A., who made repeated trips from Great Falls to Washington to obtain methamphetamine to re-sell in Great Falls. On June 29, 2012, a CI (confidential informant) informed the drug task force that M.E.A. was returning to Great Falls from Washington with methamphetamine. The task force arranged for a controlled drug buy from M.E.A. near the University of Great Falls. The CI purchased methamphetamine. The CI then continued to make numerous controlled drug buys from M.E.A. over the next few days.
Law enforcement located M.E.A.'s car in early July 2012, and the task force tracked this car from Great Falls to Spokane, Washington. The car stayed in Spokane for less than two hours before returning to Great Falls. Law enforcement initiated a traffic stop of the car just outside of Great Falls and they obtained two ounces of methamphetamine. M.E.A., the driver of the car, told law enforcement he had traveled to Spokane to buy methamphetamine from "Bert." He had been supplied by Bert, who was identified as Robert Boucher, since February or March 2012. In total, M.E.A. believed he had obtained and distributed approximately ten ounces of methamphetamine that he received from Boucher.
M.E.A. told law enforcement that Boucher provided him with a GPS system in order for M.E.A. to find Boucher's house in Spokane. Once M.E.A. obtained the methamphetamine from Boucher, M.E.A. would sell the methamphetamine by the gram for $100 around Great Falls. Boucher sold the methamphetamine to M.E.A. for $1400.00 an ounce.
M.E.A. and Boucher also dealt methamphetamine with R.L. and T.L. from T.L.'s house in Great Falls. The methamphetamine dealing continued into the fall of 2012. During the end of October 2012, detectives interviewed additional witnesses. One witness said T.L. was heavily involved in using and dealing methamphetamine. T.L. obtained her methamphetamine from Robert Boucher, and Boucher delivered methamphetamine to T.L. approximately once a week.
The witness further provided that Boucher stored the methamphetamine in the hood and trunk of his car. He then divided the methamphetamine between the sellers who obtained the methamphetamine on credit. Boucher stayed in town at T.L.'s house until the money was collected. T.L. would then repackage the methamphetamine into eight-ball baggies and distribute it to other sellers.
On November 13, 2012, a witness contacted the drug task force and stated R.L. was selling methamphetamine. Law enforcement then arranged controlled drug purchases from R.L.. These purchases occurred at the Royal Motel in Great Falls. The following evening, detectives saw R.L. drive to T.L.'s house, where he stayed for a half hour before again returning to his motel room. A little while later, R.L. and a woman drove to a gas station. R.L. conducted a drug deal in the parking lot. Officers conducted a traffic stop on R.L.'s car shortly thereafter.
After ordering R.L. out of the car, officers found a glass container of methamphetamine in R.L.'s pocket. He spoke with law enforcement and said he had been dealing methamphetamine with T.L. R.L. regularly purchased two eight balls of methamphetamine per week from T.L. R.L. also identified Boucher as one of T.L.'s suppliers and said he delivered methamphetamine to T.L. once per week. Law enforcement seized over 50 grams of pure methamphetamine in this investigation.
BOUCHER faces possible penalties of a minimum 10 years in prison up to life in prison, a $10, 000,000 fine and 5 years supervised release.
The investigation was conducted by the Russell County Drug Task Force.
Keith Allan Devereaux 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 January 8, 2013, before U.S. District Judge Sam E. Haddon, KEITH ALLAN DEVEREAUX, a 35-year-old resident of Great Falls, pled guilty to aiding and abetting the crime of robbery affecting commerce. Sentencing has been set for April 8, 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:
On February 21, 2012, around 10:00 p.m., Great Falls Police were alerted to a robbery at the Eagles Lodge. It was reported that three men had robbed a female employee at gun point and then sprayed her in the face with pepper spray. Officers arrived to find the employee absolutely hysterical. She was sobbing and told officers she believed she was going to be shot during the robbery.
Officers began their investigation and found $3,961 had been stolen from the money drawers. The inside of the building also smelled of pepper spray so badly that the police called the Great Falls Fire and Rescue in order to aerate the room. Police interviewed the victim two days later because she was too upset to speak until that point.
According to the victim, the last customer left the bar around 9:30 p.m. Once the customer left, the victim began to clean the west end of the bar. She did not recall hearing anyone come inside, but heard a male voice tell her to turn around. The victim turned around to see three men who were all dressed in black hooded sweatshirts with their faces fairly covered. One of the men pointed a handgun at the victim and yelled, "where's the money?" She believed two of the men had handguns, but could not identify which ones possessed the guns. Another man pointed a gun at the victim and made her walk to the end of the bar. The victim heard banging and slamming, and eventually one man said, "you'll be okay," and sprayed her in the face with pepper spray. The victim struggled to breathe, found her phone, and ran outside to call police.
On February 23, 2012, Great Falls police received a tip that John Gopher, Alicia Arthur, Anthony Gregori, and DEVEREAUX may have been involved in the robbery. The tip reported Gopher had bragged that over $2,000 had been stolen in the robbery of the Eagles Lodge. The person also relayed that Gopher, Gregori, Arthur, and DEVEREAUX had traveled to Billings, but would soon be returning to Great Falls.
Detectives arrested DEVEREAUX after he returned to Great Falls. DEVEREAUX told police he had been in the same car with Gopher, Arthur, and Gregori on the night of the robbery. But that he had returned home at some point. DEVEREAUX did tell the police, however, that he had been with Gopher and Arthur when they devised a plan to rob the Eagles Lodge. DEVEREAUX said he participated in the planning of the robbery, and added the Eagles Lodge looked like a hospital or old person's home. Gopher and Arthur also told police that DEVEREAUX had participated in the robbery.
Gopher, Arthur, and Gregori pled guilty to federal charges and have been sentenced.
DEVEREAUX faces possible penalties of 20 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was a cooperative effort between the Great Falls Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Joseph Wayne Cree Medicine 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 January 8, 2013, before U.S. District Judge Dana L. Christensen, JOSEPH WAYNE CREE MEDICINE, a 28-year-old resident of Browning, appeared for sentencing. CREE MEDICINE was sentenced to a term of:
- Prison: 35 months
- Special Assessment: $200
- Supervised Release: 3 years
CREE MEDICINE was sentenced in connection with his guilty plea to two (2) counts of assault resulting in serious bodily injury.
In an Offer of Proof filed by Assistant U.S. Attorney Ryan G. Weldon, the government stated it would have proved at trial the following:
On January 27, 2012, in the early morning hours, CREE MEDICINE went to the residence of P.M.F., which is located in Browning and within the exterior boundaries of the Blackfeet Indian Reservation. CREE MEDICINE went there because his ex-girlfriend, T.R.M., was staying there. Upon arrival, CREE MEDICINE began to argue with T.R.M. P.M.F. exited her room and asked what was causing all of the ruckus.
CREE MEDICINE then began assaulting P.M.F. Specifically, CREE MEDICINE knocked P.M.F. to the ground and began kicking her. P.M.F. begged CREE MEDICINE to stop. CREE MEDICINE eventually did, but turned back to T.R.M. He punched T.R.M. in the face and ripped a clump of hair from her head.
Both P.M.F. and T.R.M. went to the hospital. Upon arrival, both P.M.F. and T.R.M. described their pain level as a ten, which is the worst pain on the scale of one to ten. Dr. Bashir Sheikh prescribed hydrocodone to P.M.F. for the treatment of her pain. T.R.M. received a shot of Toradol the following morning. Toradol is a drug used for pain and is typically given to patients after surgery.
P.M.F. had cuts on her inner lip, bleeding, and severe bruising around her mouth, legs, and arms. A tooth of P.M.F. was also loose. T.R.M. had blood running down the side of her face from the location where the clump of hair had been ripped from her scalp. Additionally, the face, right eye, and lip of T.R.M. were bleeding and swollen. All of the above injuries were caused by CREE MEDICINE assaulting P.M.F. and T.R.M.
CREE MEDICINE informed law enforcement that by the early morning hours of January 27, 2012, he drank, along with another individual, two liters of Black Velvet and started to drink a half-gallon of whiskey.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that CREE MEDICINE will likely serve all of the time imposed by the court. In the federal system, CREE MEDICINE 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 Federal Bureau of Investigation and Blackfeet Law Enforcement.
James Kirby King 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 January 8, 2013, before U.S. District Judge Sam E. Haddon, JAMES KIRBY KING, a 46-year-old resident of Hays and an enrolled member of the Fort Belknap Indian Reservation, appeared for sentencing. KING was sentenced to a term of:
- Prison: 1 year
- Special Assessment: $100.00
- Supervised Release: 10 years
KING was sentenced in connection with his guilty plea to abusive sexual contact.
In an Offer of Proof filed by Assistant U.S. Attorney Danna R. Jackson, the government stated it would have proved at trial the following:
KING caused sexual contact with the victim when he touched her genitalia when he was moving her underwear aside to take pictures of her vagina. The victim was passed out at the time. The contact occurred in KING's home located on the Fort Belknap Indian Reservation.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that KING will likely serve all of the time imposed by the court. In the federal system, KING does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Fort Belknap Law Enforcement and the Federal Bureau of Investigation.
Indian Leider 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 January 8, 2013, before U.S. District Judge Dana L. Christensen, INDIAN LEIDER, a 20-year-old resident of Rocky Boy, was sentenced to a term of:
- Prison: 16 months
- Special Assessment: $100.00
- Supervised Release: 5 years
LEIDER was sentenced in connection with his guilty plea to sexual abuse of a minor.
In an Offer of Proof filed by Assistant U.S. Attorney Danna R. Jackson, the government stated it would have proved at trial the following:
LEIDER is an enrolled member of the Crow Tribe. On January 27, 2012, LEIDER was at a house party located on the Rocky Boy's Indian reservation. Also at the party were under-aged girls. LEIDER has sex with a girl who was thirteen. The girl was drinking and had reported to a medical provider that she "blanked out."
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that LEIDER will likely serve all of the time imposed by the court. In the federal system, LEIDER does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by a cooperative effort between the Federal Bureau of Investigation, the Rocky Boy Law Enforcement and Chippewa Cree Law Enforcement.
Daniel Thomas Morrow 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 January 9, 2013, before Senior U.S. District Judge Jack D. Shanstrom, DANIEL THOMAS MORROW, a 57-year-old resident of Billings, appeared for sentencing.
MORROW to a term of:
- Prison: 120 months
- Special Assessment: $ 200.00
- Supervised Release: 8 years
MORROW was sentenced in connection with his guilty plea to conspiracy to possess with intent to distribute methamphetamine and possession with intent 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:
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 developed a confidential source from Yakima, Washington, who could distribute methamphetamine in the Billings area. Around September 24, 2011, Cassandra Seal contacted the source and wanted to purchase methamphetamine. Communication between the two continued up until October 14th. Seal and the source set up a deal for half a pound of methamphetamine where half would be paid for and the other half would be fronted. Seal told the source she could sell the fronted four ounces in a few hours and come back with the cash.
On October 14, 2011, the source arrived in Laurel for the drug transaction.
Phone calls were exchanged and Seal arrived at the motel with MORROW and Ali Khan. The individuals talked for a while until the methamphetamine was displayed. Seal stated she had $7,000 cash on her for the deal. MORROW took the meth and spoke about the quality. MORROW poured the methamphetamine out of the bag and onto a plastic tray to further inspect it. Khan assisted him in getting the tray ready to pour the methamphetamine onto. MORROW and Khan then looked at and talked about the quality of it. Law enforcement entered the room and all three individuals were taken into custody.
As Khan was patted down, two semiautomatic handguns were located concealed on his person. One was in a shoulder holster, and it had a loaded magazine and a bullet in the chamber; the other one was in his sweatshirt pocket, and it had a loaded magazine.
MORROW, Khan and Seal conspired with each other to possess methamphetamine with the intent to distribute it, and possessed the methamphetamine with the intent to distribute it.
Seal and Khan pled guilty to federal crimes. Seal has been sentenced and Khan is awaiting sentencing.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that MORROW will likely serve all of the time imposed by the court. In the federal system, MORROW 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, the High Intensity Drug Trafficking Area (HIDTA) Task Force, and the Montana Division of Criminal Investigation.
Christopher J. Lindsey 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 4, 2013, before U.S. District Judge Dana L. Christensen, CHRISTOPHER J. LINDSEY, a 45-year-old resident of Helena, was sentenced to a term of:
- Probation: 5 years
- Special Assessment: $100.00
- Forfeiture: $288,000.00
LINDSEY was sentenced in connection with his guilty plea to conspiracy to maintain a drug-involved premises.
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 Jefferson 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.
Arthur Dion Longee 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 January 9, 2013, before U.S. District Judge Dana L. Christensen, ARTHUR DION LONGEE, a 25-year-old resident of Poplar, appeared for sentencing. LONGEE was sentenced to a term of:
- Prison: 24 months
- Special Assessment: $ 100.00
- Supervised Release: 10 years
LONGEE was sentenced in connection with his guilty plea to sexual abuse of a minor.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica A. Betley, the government stated it would have proved at trial the following:
During the evening of July 15, 2011, the victim went to the powwow in Poplar. While at the powwow, the victim sent a text message to LONGEE to see if there was a party occurring. The victim left the powwow to meet up with LONGEE and a few friends. At the party, the victim drank liquor and became pretty drunk. At one point, a fight broke out and the victim left the house with LONGEE as the morning sky started to get lighter. They walked to LONGEE's grandmother's house.
The next thing the victim remembered was waking up to LONGEE having sex with her. She told him to stop several times and finally he did. LONGEE then received a phone call from the police and he told the victim someone had turned him into the cops. He told the victim to shower and wash up good, and threw a towel at her.
Prior to the sexual assault, the victim's mother called the police to report her daughter was missing. An officer learned the victim had been last seen potentially with LONGEE. Officers went to LONGEE's house, and at one point, the victim peaked out the window and saw the police outside. But, LONGEE would not let her leave. The victim was later able to leave the house and told her mother she had been sexually assaulted.
A sexual assault examination was completed at the hospital and law enforcement collected physical evidence. The FBI Laboratory analyzed the swabs taken from LONGEE and it was determined that the victim was the major female contributor of DNA to this sample.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that LONGEE will likely serve all of the time imposed by the court. In the federal system, LONGEE does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Federal Bureau of Investigation and the Fort Peck Tribes Criminal Investigation Division.
Adrien John Matuck 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 January 7, 2013, before U.S. District Judge Sam E. Haddon, ADRIEN JOHN MATUCK, a 26-year-old resident of Poplar and an enrolled member of the Hualapai Tribe in Arizona, appeared for sentencing. MATUCK was sentenced to a term of:
- Prison: Life
- Special Assessment: $100.00
- Restitution: $6,677.00
- Supervised Release: 5 years
MATUCK was sentenced after a federal district court trial in which he was found guilty of first degree murder. Assistant U.S. Attorneys Jessica A. Betley and Kris A. McLean prosecuted the case for the United States.
At trial, the following evidence and testimony was presented to the jury.
During the evening of August 6, 2011, and into the early morning hours of August 7, 2011, in Poplar, MATUCK met up with a few other people, including R.B.,the victim.
At one party during the night, MATUCK, who is a former Marine, grabbed a man around the neck with his hands. MATUCK yelled he had killed a bunch of people while in the Marines while he lunged at this man.
Sometime around 4 a.m. on August 7, 2011, MATUCK, M.V., L.S., and J.W. went to J.W.'s car. The victim was passed out in the backseat of the car. M.V. told the victim to get up, and in response, the victim slapped M.V. MATUCK became angry and punched the victim.
Due to the commotion, J.W. stopped the car and MATUCK got out of the passenger seat. L.S., M.V., and the victim also got out of the car. The victim punched MATUCK a few times in the face. M.V. walked away from the car and would not come back. MATUCK's nose bled from the punches he received from the victim and he pulled off his shirt to wipe his face. He pointed his finger at the victim and said, "I'm going to get you." He further added, "I'm a Marine, I know how to kill."
J.W., L.S., MATUCK, and the victim got back into the car and drove to J.W.'s trailer. L.S. and J.W. fell asleep soon thereafter. The victim sat in a recliner chair and also fell asleep, which left MATUCK as the only person awake in the trailer.
Y.H. and her son, G.G., live down the alley from J.W.'s trailer house. They heard their dog barking around 7 a.m. that morning. Y.H. looked out the window and saw MATUCK walking west and cut across their yard. Y.H. told G.G. what she observed. G.G. looked out the window and observed MATUCK go to the house next door and pull a piece of a gray shirt from his right pocket. He placed this piece of shirt under a stone rain gutter. MATUCK then asked the next door neighbor for kool-aid when she looked outside. MATUCK continued to walk through the neighborhood and stopped by another house until he got into a fight and was told to leave sometime around 9 a.m.
Meanwhile, L.S. and J.W. began to wake up in J.W.'s trailer. MATUCK was not in the trailer when they both woke up. The victim was still in the recliner and looked like he was passed out. L.S. yelled at the victim to get up. The back door opened and MATUCK came inside. J.W. asked MATUCK where he had been and MATUCK replied, "I don't know, I was upstairs." L.S. and J.W. did not know what MATUCK meant by that statement because the trailer was only one story. MATUCK then laid down on a mattress positioned on the living room floor in front of the recliner where the victim sat. L.S. went over to the victim and grabbed his face. The victim felt cold to L.S.'s touch and she observed his tongue was sticking slightly out with saliva dripping from his mouth. J.W. checked for a pulse and did not feel anything and he called 911.
Medical personnel pronounced the victim dead at the scene. Y.H. called the police when she learned MATUCK was a suspect in the victim's death. G.G. recovered the piece of shirt from beneath the rain gutter and Y.H. placed the evidence in a plastic bag. Investigators observed the piece of gray shirt was actually rolled into the shape of a ligature.
An autopsy revealed the victim died of a ligature strangulation. An instrument was
It appeared the ligature was tightened from behind, and pulled up and to the left of the victim's head. Petechial hemorrhages about the victim's eyes and lips indicated pressure was applied to the victim's neck for a period of at least 30 seconds.
The FBI laboratory analyzed a piece of fabric from the top rear of the recliner where the victim was found. MATUCK could not be excluded as a potential minor contributor of DNA to the fabric. The piece of shirt turned over by Y.H. was analyzed, as well. MATUCK and the victim could also not be excluded as potential contributors to of DNA to the fabric.
A carpet sample was taken from the floor behind the recliner. Yellow nylon carpet-type fibers that exhibited the same microscopic characteristics and optical properties as the fibers from this sample were found on MATUCK's shirt and shorts collected from him at the jail, as well as on fabric from the top of the recliner. These same fibers were also found on the shirt and plastic bag provided by Y.H.
The crime took place within the exterior boundaries of the Fort Peck Indian Reservation.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that MATUCK will likely serve all of the time imposed by the court. In the federal system, MATUCK does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Federal Bureau of Investigation and the Fort Peck Tribes Criminal Investigation Division.
Lucas Wyman Mulvaugh 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 3, 2013, before U.S. District Judge Dana L. Christensen, LUCAS WYMAN MULVAUGH, a 35-year-old resident of Belgrade, appeared for sentencing. MULVAUGH was sentenced to a term of:
Prison: 45 days
Special Assessment: $100
Forfeiture: $50,000
Supervised Release: 3 years
MULVAUGH 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:
From approximately March 2009 until March 14, 2011, Randy Leibenguth, Stephanie Leibenguth, and MULVAUGH manufactured and distributed marijuana in the Bozeman/Belgrade area. The Leibenguths owned and operated Montana Cannabis Ministry/Montanans Cultivating Medicine (MCM). MULVAUGH owned and operated Outlaw Hill Health Institute (OHHI).
On March 14, 2011, law enforcement seized 539 marijuana plants from the Leibenguths at the MCM location and 892 marijuana plants from MULVAUGH at the OHHI location.
According to a man who worked for MULVAUGH on March 14, 2011, MULVAUGH and Randy Leibenguth were "business partners" until February 2011. In February 2011, MULVAUGH and Leibenguth were in a business dispute that ended their relationship.
According to X.X., X.X. purchased over $300,000 worth of marijuana from Randy Leibenguth. This was corroborated by bank records. X.X. purchased most of the marijuana from Randy Leibenguth, but also made purchases from Stephanie Leibenguth and MULVAUGH. Some purchases were at the storefront at the MCM location and a couple of purchases were from MULVAUGH at the OHHI location.
Testimony and documents generated by the conspiracy would have shown that the conspiracy involved the manufacture of at least 1,000 marijuana plants and at least 100 kilograms of a substance containing a detectable amount of marijuana during the above time frame.
Randy Leibenguth and Stephanie Leibenguth pled guilty to federal charges and are awaiting sentencing.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that ? will likely serve all of the time imposed by the court. In the federal system, ? 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, the Missouri River Drug Task Force, the Federal Bureau of Investigation, the Environmental Protection Agency - Criminal Investigation Division, and the Laurel Police Department.
Crystal Gretchen Nomee 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 January 3, 2013, before Chief U.S. District Judge Richard F. Cebull, CRYSTAL GRETCHEN NOMEE, a 34-year-old resident of Lodge Grass, appeared for sentencing. NOMEE was sentenced to a term of:
Prison: 37 months
Special Assessment: $100
Supervised Release: 5 years
NOMEE was sentenced in connection with her guilty plea to conspiracy to possess with the intent 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:
Leroy "Bucky" Smith came to the attention of law enforcement in approximately 2007 in Big Horn County and on the Crow and Northern Cheyenne reservations as it was common knowledge that he was a distributor of methamphetamine believed to be getting his supply from Billings. One individual gave law enforcement information about methamphetamine dealings with Smith from 2008 through June of 2010. Several confidential informants also provided information on Smith's distribution of methamphetamine, from 2007 to the present, as well as their further distribution of that methamphetamine.
During the investigation, law enforcement learned that NOMEE was one of the people who purchased methamphetamine for resale to customers in the area, as well as for her own personal use from approximately 2010 through October 2011. Law enforcement also received specific information that Smith was dealing with NOMEE.
On October 13, 2011, the two met at a parking lot in Hardin where Smith sold her 3.5 grams of methamphetamine. She was stopped a short time later and the drugs recovered. When questioned, NOMEE admitted her role within the conspiracy and admitted that she had a methamphetamine problem.
Smith pled guilty to federal charges and has been sentenced.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that NOMEE will likely serve all of the time imposed by the court. In the federal system, NOMEE does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Montana Division of Criminal Investigation, the Drug Enforcement Administration, and the Bureau of Indian Affairs.
Christopher Wentlein 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 January 4, 2013, before Chief U.S. District Judge Richard F. Cebull, CHRISTOPHER WENTLEIN, a 33-year-old resident of Billings, appeared for sentencing. WENTLEIN was sentenced to a term of:
Prison: 84 months
Special Assessment: $100
Supervised Release: 5 years
WENTLEIN was sentenced in connection with his guilty plea to conspiracy to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Lori Harper Suek, the government stated it would have proved at trial the following:
On November 4, 2011, the drug task force in Billings conducted a controlled buy of methamphetamine from WENTLEIN using a confidential informant (CI). The CI bought .6 grams of meth for $30. Later on that same day, WENTLEIN was stopped and consented to a search of his car and house. The searches netted cash ($1,887) and methamphetamine (8.4 grams), as well as a marijuana pipe, marijuana, a digital scale, a gun, and ammunition. After the search, WENTLEIN identified his source as X.X. and agreed to cooperate.
On November 8, 2011, the task force bought two ounces of meth from X.X. using WENTLEIN as a CI. In an interview of WENTLEIN after the purchase, WENTLEIN admitted that he had bought approximately 30 ounces from X.X. over a period of six months. He admitted that he got the gun that was seized during the search of his car by trading meth for it.
Again, on December 30, 2011, the task force used WENTLEIN to buy one ounce of meth from X.X. The transaction took place at X.X.'s house. After the transaction, the task force obtained a search warrant for the house.
On January 2, 2012, X.X. was stopped on the interstate. X.X. agreed to talk with law enforcement and admitted that he was selling meth in Billings for approximately a year, and that he had been traveling to Denver to pick up meth for about 7 months. He admitted to getting 20-30 pounds of meth from his Denver source and selling it in Billings. X.X. admitted that he had traveled to Denver the previous week and bought 5 pounds of meth, which was in his bedroom.
Law enforcement seized approximately 5 pounds of meth during the search of X.X.'s house, as well as some guns, scales, cash, and drug paraphernalia. X.X.'s truck was searched on January 4, 2012, and some meth, cocaine, and drug paraphernalia were found.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that WENTLEIN will likely serve all of the time imposed by the court. In the federal system, WENTLEIN does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the High Intensity Drug Trafficking Area (HIDTA) Task Force.
Avatar Marvinjo Springfield 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 January 4, 2013, before Chief U.S. District Judge Richard F. Cebull, AVATAR MARVINJO SPRINGFIELD, a 25-year-old resident of Lodge Grass and an enrolled member of the Crow Tribe of Indians, appeared for sentencing. SPRINGFIELD was sentenced to a term of:
Prison: 9 months
Special Assessment: $25
Supervised Release: 1 year
SPRINGFIELD was sentenced in connection with his guilty plea to simple assault of person under the age of 16 years.
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 January 25, 2012, SPRINGFIELD, one of his friends, and the victim, who was 14-years-old at the time of the offense, were all drinking in a fifth-wheel trailer parked at a residence in Lodge Grass. According to the victim, she went into a back bedroom of the camper while SPRINGFIELD and his friend continued to drink in the front of the trailer. She then came back to the front of the trailer where SPRINGFIELD and his friend were, and she "blacked out." (The victim later told agents that on a scale of 1 to 10 - with 1 being sober and 10 being extremely drunk - she was a "10."). The next thing she remembered is "coming to" and SPRINGFIELD was hitting her in the face. The victim then went to her grandmother's where she spent the night. The victim was later taken to the hospital and treated for her injuries.
SPRINGFIELD was interviewed by law enforcement officers and stated that he was drinking with his friend and the victim in the fifth-wheel trailer. At one point, the friend saw the victim's mother driving around looking for the victim. SPRINGFIELD indicated that he told the victim to leave because he did not want any trouble from the victim's mother for drinking with the victim. When the victim refused to leave, SPRINGFIELD claimed that he and his friend attempted to leave, and the victim came at him and hit him in the back of the head. SPRINGFIELD explained that he then "spun around and hit [the victim] once" in the nose by "backhand[ing]" her.
The treating physician stated that the victim's injuries did not qualify as "serious bodily injury," but that the injuries did constitute "substantial bodily injury," because they involve: (A) a temporary but substantial disfigurement; and (B) a temporary but substantial loss or impairment of the function of any bodily member, organ or mental faculty.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that SPRINGFIELD will likely serve all of the time imposed by the court. In the federal system, SPRINGFIELD 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 Bureau of Indian Affairs.
Paul Roy Schmidt Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Helena, on December 28, 2012, before Senior U.S. District Judge Charles C. Lovell, PAUL ROY SCHMIDT, a 57-year-old resident of Helena, appeared for sentencing. SCHMIDT was sentenced to a term of:
- Prison: 12 months
- Special Assessment: $300
- Money Judgment: $750,000
- Supervised Release: 4 years
SCHMIDT was sentenced in connection with his guilty plea to manufacturing marijuana and money laundering.
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:
On May 20, 2011, a federal search warrant was executed. During the search law enforcement seized 289 marijuana plants, three gallon-size bags of marijuana, other marijuana ready for distribution, $913 taken from a cash register, assorted edibles - brownies, rice crispy treats, oatmeal bars, marijuana oils, lotions, soaps, creams; a ledger and a log book of items sold, and receipts for marijuana transactions.
During the investigation, law enforcement determined that SCHMIDT obtained money from the sale of marijuana. SCHMIDT had a bank account at Mountain West Bank. SCHMIDT knew the money was from the sale of marijuana. SCHMIDT deposited the money made from the sale of the marijuana into the bank account at Mountain West Bank. SCHMIDT then used the money he deposited from marijuana sales to promote the continuing marijuana grow and marijuana distribution center near Helena. SCHMIDT also wrote checks on this account for the purchase of marijuana.
The DEA laboratory tested some of the substances recovered from this investigation. The result of the testing confirmed that items seized from SCHMIDT on May 20, 2011, did contain marijuana.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that SCHMIDT will likely serve all of the time imposed by the court. In the federal system, SCHMIDT 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.
Christie Ann Medicine Tail 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 December 28, 2012, before Chief U.S. District Judge Richard F. Cebull, CHRISTIE ANN MEDICINE TAIL, a 35-year-old resident of Lodge Grass, pled guilty to distribution methamphetamine. Sentencing has been set for March 28, 2013. She is currently released on special conditions.
In an Offer of Proof filed by Assistant U.S. Attorney Marcia Hurd, the government stated it would have proved at trial the following:
Law enforcement had information that defendant CHRISTIE 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.
At trial, the United States would present the testimony of cooperating witnesses and agents, as well as narcotics and lab personnel to identify those narcotics.
MEDICINE TAIL faces possible penalties of 20 years in prison, a $2,000,000 fine and at least 4 years supervised release.
The investigation was conducted by the Montana Division of Criminal Investigation.