FEDERAL DISTRICT ARCHIVE
District of Montana
Press releases recorded for this federal judicial district.
Bozeman woman admits using money management service to defraud court-appointed clientsRead the Press Release
MISSOULA – A Bozeman woman who ran a money management service for court-appointed clients unable to manage their own finances on Tuesday admitted embezzling funds from the clients and spending most of the money on gambling debts, U.S. Attorney Kurt Alme said.
Ellen Lorraine Van Ausdol, 77, pleaded guilty to wire fraud and to making and subscribing to a false income tax return. Van Ausdol faces a maximum 20 years in prison, a $250,000 fine and three years of supervised release.
U.S. Magistrate Judge Jeremiah C. Lynch presided. He will recommend Van Ausdol’s plea be accepted by Chief U.S. District Judge Dana L. Christensen, who is hearing the case. Sentencing was set for July 19. Van Ausdol was released.
Prosecution evidence showed that Van Ausdol operated a fiduciary business, called Fiduciary Consulting and Management. The business provided money management services for court-appointed clients, many of whom have mental deficiencies and lacked the ability to manage their own money.
An investigation found that Van Ausdol embezzled from her clients during a six-year period that started in about 2010 and ended in April 2016. Van Ausdol told law enforcement that she used the majority of the money to cover her gambling expenses.
In addition, Van Ausdol’s theft resulted in her owing the IRS additional income tax for the six-year period. In one of the tax counts, Van Ausdol signed a tax return for 2014, omitting the total amount of income from embezzled funds for that year.
The parties have not resolved the total fraud loss or tax loss and will address those issues at sentencing. The prosecution is alleging the fraud loss is $444,000 and the income tax loss is $52,894.
Assistant U.S. Attorney Ryan Weldon prosecuted the case, which was investigated by the IRS and FBI.
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White House announces Presidential Task Force on Protecting Native American Children in the Indian Health Service SystemRead the Press Release
WASHINGTON—President Donald J. Trump today announced the formation of a Presidential Task Force on Protecting Native American Children in the Indian Health Service System.
The task force will examine any systemic problems that may have led to failures of the IHS to protect Native American children. The task force will develop recommended policies, protocols and best practices to protect Native American children and prevent abuse.
“I welcome the creation of this task force. Keeping Native American children safe is a critical government function,” U.S. Attorney Kurt Alme said. “I also hope that our office’s prosecution of Dr. Stanley Weber, a former IHS pediatrician who practiced on the Blackfeet Indian Reservation in Browning, sends a strong message that those who sexually abuse children will be held accountable and that we will seek justice for victims,” Alme said.
Weber was convicted at trial of aggravated sex abuse of a child, attempted aggravated sex abuse of a child and abusive sexual contact of a minor. He was sentenced in January to 220 months in prison. Weber is appealing.
Blackfeet Nation Chairman Timothy F. Davis said, “This task force is charged with a monumental task. It is imperative and crucial all children be protected from assault. Therefore, it is with much anticipation and excitement we look forward to the work the task force will undertake to not only develop policies, protocols and best practices that will insure the safety of our children now and in the future, but also I am especially delighted to learn of the appointment of pediatrician Dr. Caitlin Hall, MD, FAAP, as a subject matter expert with whom I had the privilege of working with at Blackfeet Community Hospital.
“As a tribal leader, and being personally familiar with the crime committed on our Blackfeet Nation, I wholeheartedly welcome this opportunity to interact with the White House Task Force to provide input on addressing and finding solutions to this systemic problem that must be eradicated and as promised, never ever occur again anywhere,” Chairman Davis said.
This task force’s focus is separate and distinguishable from other investigations into the Indian health system. Specifically, the work of the task force will not interfere with: (1) the criminal investigation of one particular pediatrician; (2) a review underway at the Department of Health and Human Services (HHS), including a review by the Department’s Inspector General, which HHS Secretary Azar ordered earlier this year; or (3) a review conducted by an outside, independent contractor retained by the Indian health system.
The task force will be comprised of subject-matter experts from several United States Government agencies, and co-chaired by Joseph Grogan, Assistant to the President of Domestic Policy, and U.S. Attorney Trent Shores, for the Northern District of Oklahoma, and citizen of the Choctaw Nation. The task force will also draw on the expertise of other federal employees and resources and seek perspective an input from tribal leaders and Native American voices.
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Sexual exploitation of minor sends Kalispell man to prison for 15 yearsRead the Press Release
MISSOULA—A Kalispell man who was convicted of creating a sexually explicit video of a minor girl was sentenced recently to the minimum mandatory 15 years in prison, 10 years of supervised release and ordered to pay $3,000 restitution, said U.S. Attorney Kurt Alme.
Allen Duane Turman, 44, pleaded guilty to sexual exploitation of a child during a Nov. 29 hearing.
Chief U.S. District Judge Dana L. Christensen presided at the March 22 sentencing.
Prosecution evidence showed that in October 2017, a law enforcement officer received a call about a thumb drive that belonged to Turman. A forensic analysis of the device showed it contained a sexually explicit video of a girl who was under the age of 18. By looking at other files on the thumb drive, law enforcement determined that Turman had created the video.
When interviewed in April 2018, Turman told law enforcement that the victim had stayed with him but that he was using drugs at the time and his memory was poor. While he could not specifically remember making the video on the thumb drive, he did not dispute he created it.
Assistant U.S. Attorney Cyndee Peterson prosecuted the case, which was investigated by Homeland Security Investigations and the Flathead County Sheriff’s Office.
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Billings man sentenced to eight years in prison in heroin, meth conspiracyRead the Press Release
BILLINGS—Billings resident Clayton James Edwards, who admitted making multiple drug runs to Salt Lake City to get heroin and methamphetamine for redistribution back in Billings, was sentenced on March 21 to eight years in prison and five years of supervised release, said U.S. Attorney Kurt Alme.
Edwards, 35, pleaded guilty on Oct. 9 to conspiracy to possess with intent to distribute heroin.
U.S. District Judge Susan P. Watters presided.
Prosecution evidence showed that during a six-month period, from January to June 2017, Edwards and another person made trips to Salt Lake City about every five days to get heroin and meth from multiple suppliers. Edwards told investigators that he would use and sell the heroin. The prosecution said Edwards was being held accountable for a conservative estimate of 24 ounces of heroin, which is the equivalent of about 6,800 doses, and eight pounds of meth, which is the equivalent of about 28,992 doses.
Assistant U.S. Attorney Zeno Baucus prosecuted the case, which was investigated by the FBI.
The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned this week before U.S. Magistrate judges and indictments handed down by the Grand Jury were unsealed. Indictments are merely accusations and defendants are presumed innocent until proven guilty:
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on March 21 was:
JAMES KEITH BELLROCK, JR., 43, of Hardin, on charges of assault resulting in substantial bodily injury to a dating partner and assault of a dating partner by strangulation. Bellrock is detained. If convicted of the most serious crime, Bellrock faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. The case was investigated by the FBI. Pacer case reference. 19-11.
FRED LEWIS CUTSINGER, 31, of Billings, on charges of conspiracy to distribute methamphetamine, possession with intent to distribute meth and possession of a firearm in furtherance of a drug trafficking crime. Cutsinger is detained. If convicted of the most serious crime, Cutsinger faces a minimum mandatory 10 years to life in prison, a $10 million fine and at least five years of supervised release. The case was investigated by the Eastern Montana High Intensity Drug Trafficking Area Task Force. Pacer case reference. 19-16.
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Illegal possession of firearms sends Billings man to prisonRead the Press Release
BILLINGS—Billings resident William Thomas Fischer, Jr., was sentenced to five years in prison and three years of supervised release on Thursday for illegally possessing firearms, U.S. Attorney Kurt Alme said.
Fischer, 58, pleaded guilty on Nov. 20 to being a prohibited person in possession of a firearm.
U.S. District Judge Susan P. Watters presided.
The prosecution said that on July 2, 2018, a Billings Police Department officer conducted a traffic stop in which Fischer was the driver and was wanted on an arrest warrant. The officer saw Fischer place two small bindles of suspected methamphetamine in his mouth and removed Fischer from the vehicle in an attempt to prevent him from swallowing the bindles. Officers were unable to locate the bindles.
A BPD K9 dog gave a positive alert to the odor of narcotics, and the vehicle was seized pending a search warrant issued later the same day. During the search, officers found two firearms, a 12-gauge shotgun and an SKS semi-automatic rifle. Two days later, Fischer told a woman in a recorded call from jail that, “there were two guns in the car.”
Fischer was convicted in 2003 for felony possession of a firearm by an unlawful user and addict of a controlled substance.
Assistant U.S. Attorney Tom Godfrey prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Bozeman father, son sentenced for heroin traffickingRead the Press Release
MISSOULA—A father and his son who admitted distributing heroin they obtained in Denver to customers in the Bozeman area were sentenced to prison this week, U.S. Attorney Kurt Alme said.
Chief U.S. District Judge Dana L. Christensen on Wednesday sentenced Kyle Brooks, 65, of Bozeman, to 18 months in prison and three years of supervised release. Judge Christensen on Thursday sentenced Kyle Brooks’ son, Ian Brooks, 28, of Bozeman, to 14 months in prison and four years of supervised release. Judge Christensen also ordered the forfeiture of $56,450 seized in the case.
Kyle Brooks pleaded guilty on Nov. 1 to conspiracy to distribute a controlled substance and to possession with intent to distribute heroin. Ian Brooks pleaded guilty on Oct. 31 to possession with intent to distribute heroin.
In June 2018, the Missouri River Drug Task Force began investigating Kyle and Ian Brooks for distributing heroin, learned they had a number of customers in the Bozeman area and that they were planning an out-of-town trip to get more heroin, the prosecution said in court records. After that trip, law enforcement surveilled the pair for weeks and witnessed them conduct numerous drug sales.
On July 13, officers monitored a car Kyle and Ian Brooks drove to Denver, where it stopped at a strip mall for about an hour before returning to Bozeman. Law enforcement stopped the car when it returned to Bozeman on July 16, served a search warrant on the vehicle and found three bags of heroin, containing a total of 204.33 grams of heroin, which is the equivalent of about 2,040 doses, 10 vials with syringes, a bottle of unknown pills and $56,456 cash. A laboratory analysis determined there also was about 2 grams of diclazepam, a controlled substance.
Assistant U.S. Attorney Jessica Betley prosecuted the case which was investigated by the Missouri River Drug Task Force.
The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Butte man sentenced for meth, firearms found in truckRead the Press Release
MISSOULA—A Butte man who admitted to having methamphetamine and firearms in his pickup truck after a police officer found him asleep and slumped over the steering wheel while the vehicle was running was sentenced to prison on Wednesday, U.S. Attorney Kurt Alme said.
Chief U.S. District Judge Dana Christensen sentenced Joseph Patrick Walsh, 40, to 72 months and one day in prison, to run concurrent to a state sentence, and to five years of supervised release.
Walsh pleaded guilty in October to possession with intent to distribute meth and to possession of firearms in furtherance of a drug trafficking crime.
Walsh was indicted after a Manhattan Police Department officer on Feb. 11, 2018 conducted a welfare check on a suspicious pickup truck that was parked in Manhattan. The officer found the truck running with Walsh slumped over the steering wheel, asleep, the prosecution said.
The officer woke up Walsh, who said he hadn’t been drinking but was a recovering alcoholic and drug addict. Walsh acknowledged there was marijuana and meth in the center console. He opened the console and handed the officer two 9mm semi-automatic pistols and a glove, which contained 53.2 grams of pure meth. Fifty three grams of meth is the equivalent of about 424 doses.
Assistant U.S. Attorney Timothy Racicot prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Manhattan Police Department.
The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Montana U.S. Attorney’s Office collects $15.3 million in civil and criminal actions for fiscal year 2018Read the Press Release
BILLINGS—Montana's U.S. Attorney Kurt Alme announced today that the District of Montana collected $15,351,505.81 in criminal and civil actions in Fiscal Year 2018. Of this amount, $7,510,702.15 was collected in criminal actions and $7,840,803.56 was collected in civil actions. In some cases, the U.S. Attorney’s Office worked in conjunction with ligating components of the U.S. Department of Justice.
“I want to thank the dedicated employees in the U.S. Attorney’s Office, and in particular, the Financial Litigation Unit, for their hard work in successfully recovering money for the benefit of crime victims and the U.S. Treasury,” said U.S. Attorney Alme. “It is critical that victims of crime are made whole, that criminals are divested of their illegal gains and that this office works hard to recover the just debts of our government,” he said.
“The men and women of the U.S. Attorneys’ offices across the country work diligently, day in and day out, to see that the citizens of our nation receive justice. The money that we are able to recover for victims and this country as a whole is a direct result of their hard work,” Director James A. Crowell, IV, Executive Office for U.S. Attorneys.
As a whole, the Justice Department collected nearly $15 billion in civil and criminal actions in the fiscal year ending Sept. 30, 2018. The $14,839,821,650 in collections in FY 2018 represents nearly seven times the appropriated $2.13 billion ($2,136,750,000) budget for the 94 U.S. Attorneys’ offices.
The U.S. Attorneys’ offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to federal crime victims and to the U.S. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims Fund, which distributes the funds collected to federal and state victim compensation and victim assistance programs.
The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, the Department of Health and Human Services, the Internal Revenue Service, the Small Business Administration and the Department of Education.
Additionally, the U.S. Attorneys’ offices, working with partner agencies and divisions, collected $30,272,272 in asset forfeiture actions in FY 2018. Forfeited assets deposited into the Department of Justice Asset Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes. Forfeited assets include currency and bank accounts, real property and cars purchased with illegal proceeds or used to facilitate crimes, guns held by convicted felons, and computers used for child pornography.
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Wolf Point man admits charge in fatal crashRead the Press Release
GREAT FALLS – Wolf Point resident Andrew Preston Martell admitted on Monday he had been drinking and driving under the influence on the Fort Peck Indian Reservation last October when he crashed his vehicle, killing one of his passengers, U.S. Attorney Kurt Alme said.
Martell, 32, pleaded guilty to involuntary manslaughter. He faces a maximum eight years in prison, a $250,000 fine and three years of supervised release.
U.S. District Judge Brian M. Morris presided and set sentencing for June 27. Martell is detained.
Prosecutors said the crash occurred at about 10 p.m. on Oct. 1, 2018 on a county road known as Swimming Pool Road, near Wolf Point. Martell had been drinking alcohol heavily throughout the evening and was driving around the reservation with two female passengers. Martell drove off the straight road and crashed in a ditch. The vehicle rotated and rolled end over end coming to rest on the driver’s side. All three occupants were trapped in the vehicle and had to be extricated by emergency responders. One of the passengers was impaled by a crutch in the vehicle and died at the scene. Martell’s blood alcohol concentration was about 0.182 percent.
Assistant U.S. Attorney Cassady Adams prosecuted the case, which was investigated by the FBI, Montana Highway Patrol, Wolf Point Police Department and Fort Peck Tribes Law Enforcement.
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Poplar man admits stabbingRead the Press Release
GREAT FALLS – Poplar resident Michael Cody Wolf today admitted he stabbed a woman in the back, U.S. Attorney Kurt Alme said.
Wolf, 24, pleaded guilty to assault resulting in serious bodily injury. Wolf faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. He is detained.
U.S. District Judge Brian M. Morris presided and set sentencing for June 27.
The prosecutor said evidence would show that the Roosevelt County Sheriff’s Office responded to a 911 call on March 20, 2018 that a woman had been stabbed at a Poplar apartment, on the Fort Peck Indian Reservation. Wolf was taken into custody at the scene and advised of his rights. Wolf told an officer that he “kinda snapped.”
The victim told law enforcement that Wolf had been out of his mental health medication for four days when the stabbing occurred. The victim felt something hit her in the back and realized she had been stabbed. The victim was flown to Billings Clinic and treated for life-threatening injuries.
Assistant U.S. Attorney Paulette Stewart prosecuted the case, which was investigated by the Roosevelt County Sheriff’s Office, the Fort Peck Tribal Police and FBI.
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Judge sentences Great Falls man to four years in prison for firearms crimeRead the Press Release
GREAT FALLS—A federal judge today sentenced a Great Falls man, who said his job was to collect drug debts, to 48 months in prison for illegally possessing a firearm, U.S. Attorney Kurt Alme said.
Justin Carlton Whitman, 37, pleaded guilty in December to being a prohibited person in possession of a firearm.
U.S. District Judge Brian M. Morris presided. Judge Morris also ordered the forfeiture of a 9mm semi-automatic pistol that was seized in the case.
Prosecutors said evidence showed that because of a 2013 conviction, Whitman was prohibited from possessing firearms. Whitman was charged with the firearms crime after a 911 call on Feb. 4, 2017 by a Great Falls man who said his grandson came to his home and told him there were people in a SUV parked in the driveway. The people had a gun and were demanding money. The grandson also said Whitman was in the car and had a pistol in his waistband as well as a machete.
Great Falls police officers responded and found the SUV still in the driveway. Officers identified Whitman as the driver and there was a female was in the front passenger seat. The officer had both of them get out of vehicle. Once out, the officer saw a black machete tucked between the front driver’s seat and the center console. Police obtained consent to search the vehicle and seized the machete as well as a 9mm semi-automatic pistol from the center console.
Whitman went to the police station for an interview and told officers about the incident that led to the 911 call. He acknowledged that his job was to collect drug debts in Great Falls and was supposed to collect money that evening. Whitman also admitted he possessed the pistol found in the center console but that it originally belonged to someone else.
Assistant U.S. Attorney Jessica Betley prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Great Falls Police Department.
The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Browning man pleads guilty to strangulationRead the Press Release
GREAT FALLS – A Browning man on Monday admitted to strangling a woman during an argument in a vehicle on the Blackfeet Indian Reservation in September 2018, U.S. Attorney Kurt Alme said.
Elijah Blaine Eagleman, 24, pleaded guilty to strangulation during a hearing before U.S. District Judge Brian M. Morris.
Eagleman faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. He is detained.
Prosecutors said evidence would show that on Sept. 8, 2018, Eagleman hit and strangled the victim near Browning, on the Blackfeet Reservation. The victim lost consciousness after Eagleman choked her with his left forearm and does not recall being hit in the face by Eagleman. The victim said in a statement that the two of them had been arguing.
A law enforcement officer responded after a woman reported to law enforcement that she had stopped at a domestic assault at the intersection of U.S. Highways 2 and 89, at the Y, near Browning. She said a man was on top of a female, who appeared to be trying to wave her down. The officer approached the vehicle and saw that the victim, who was the driver, had fresh bruises on her face and was crying. The officer had the victim get out and walk to the back of the vehicle, where she said Eagleman had hit her but that she was “okay now.” The victim was treated at the Indian Health Service and released the next morning.
In an interview with the case agent, the victim said Eagleman had wrapped his forearm around her neck and pulled her backward into his seat, choking her. The agent observed injuries to the victim’s face and neck as being consistent with a strangulation assault.
Assistant U.S. Attorney Paulette Stewart prosecuted the case, which was investigated by the Bureau of Indian Affairs and Blackfeet Tribal Police.
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Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned this week before U.S. Magistrate judges and indictments handed down by the Grand Jury were unsealed. Indictments are merely accusations and defendants are presumed innocent until proven guilty:
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on March 12 was:
OSCAR ANTONIO VALENZUELA, 27, of Los Angeles, CA, on charges of conspiracy to possess with intent to distribute methamphetamine and possession with intent to distribute meth. Valenzuela was detained. If convicted of the most serious crime, Valenzuela faces a minimum mandatory 10 years to life in prison, a $10 million fine and five years of supervised release. The case was investigated by the Eastern Montana High Intensity Drug Trafficking Area Task Force and the FBI’s Big Sky West Transnational Organized Crime Task Force. Pacer case reference. 18-127.
ALEXANDER FELIZ BULLTAIL, 27, of Billings, on charges of receipt of a firearm by a person under indictment for a felony. Bulltail was detained. If convicted of the most serious crime, Bulltail faces a maximum five years in prison, a $250,000 fine and three years of supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Pacer case reference. 19-13.
BIRD CORDELL, 24, of Billings, on charges of misappropriation of postal funds. Cordell was released pending trial. If convicted of the most serious crime, Cordell faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. The case was investigated by the U.S. Postal Service Office of Inspector General. Pacer case reference. 19-12.
Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on March 13 was:
ALPHONSE BIRD, 83, of Browning, on charges of aggravated sexual abuse and sexual abuse. Bird was detained. If convicted of the most serious crime, Bird faces a maximum life in prison, a $250,000 fine and five years of supervised release. The case was investigated by the FBI. Pacer case reference. 19-14.
Appearing in Missoula before U.S. Magistrate Judge Jeremiah C. Lynch and pleading not guilty on March 14 was:
DEREK ALAN DEMBOWSKI, 41, of Thompson Falls, on charges of conspiracy to possess with intent to distribute meth, distribution of meth, possession of a firearm in furtherance of a drug trafficking crime and felon in possession of a firearm. Dembowski was detained. If convicted of the most serious crime, Dembowski faces a minimum mandatory five years to 40 years in prison, a $5 million fine and four years of supervised release. The case was investigated by the FBI. Pacer case reference. 19-10.
HATTIE MICHELLE REESE, 31, of Missoula, on charges of conspiracy to possess with intent to distribute meth and possession with intent to distribute meth. Reese was released. If convicted of the most serious crime, Reese faces a minimum mandatory 10 years to life in prison, a $10 million fine and five years of supervised release. The case was investigated by the FBI. Pacer case reference. 19-11.
JUAN GERONIMO PINA, 38, of Washington, on charges of conspiracy to possess with intent to distribute meth and possession with intent to distribute meth. Pina was detained. If convicted of the most serious crime, Pina faces a minimum mandatory 10 years to life in prison, a $10 million fine and five years of supervised release. The case was investigated by the FBI. Pacer case reference. 19-11.
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Former Air Force member admits child sexual exploitation chargesRead the Press Release
MISSOULA – A former U.S. Air Force service member on March 14 admitted to charges accusing him of enticing minor boys in Montana he met online into sending him sexually explicit images of themselves, U.S. Attorney Kurt Alme said.
Raymond Larry Edward Kennedy, 24, of Kalispell, pleaded guilty to sexual exploitation of a child and to receipt of child pornography. Kennedy faces a mandatory minimum 15 years to 30 years in prison, a $250,000 fine and five years to life of supervised release. He is detained.
U.S. Magistrate Judge Jeremiah C. Lynch presided. Judge Lynch will recommend Kennedy’s plea be accepted by Chief U.S. District Judge Dana L. Christensen, who is hearing the case.
Prosecutors said an investigation began in February 2017 when the U.S. Air Force Office of Special Investigations at Malmstrom Air Force Base in Great Falls contacted an agent with Homeland Security Investigations and member of the Montana Internet Crimes Against Children Task Force seeking help with an online child exploitation case involving Kennedy. The Air Force discharged Kennedy on Feb. 6, 2017.
The investigation found that Kennedy met a minor boy who lived in Montana on Snapchat and ultimately determined that Kennedy had met six minor boys who all lived in Montana. In Kennedy’s online communications with the boys from about July 2015 through June 2017, he received sexually explicit images of the boys’ genitals. The boys were all younger than 18 and lived in Kalispell, Big Fork and Great Falls. Law enforcement determined that Kennedy induced and persuaded one of the boys to produce a sexually explicit image of himself, which he sent to Kennedy.
Assistant U.S. Attorney Cyndee Peterson is prosecuting the case, which was investigated by Homeland Security Investigations and the Montana Internet Crimes Against Children Task Force.
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Minnesota couple sentenced to supervised release for possessing nearly 1,000 pounds of marijuanaRead the Press Release
BILLINGS—A federal judge today sentenced a Minnesota couple to one day of time served in custody and to five years of supervised release after they were arrested in Miles City with nearly 1,000 pounds of marijuana in their recreational vehicle, U.S. Attorney Kurt Alme said.
Steven Thomas Robinson, 59, and his wife, Vicki Lynn Robinson, 60, of Milaca, Minn., each pleaded guilty in November to possession with intent to distribute marijuana.
U.S. District Judge Susan Watters presided.
Steven Robinson faced a guideline range of 37 months to 46 months in prison, while Vicki Robinson faced a guideline range of 30 months to 37 months in prison.
In sentencing the couple, Judge Watters said Steven Robinson had serious health problems and that the couple cooperated with law enforcement.
On Aug. 30, 2017, the Montana Highway Patrol’s Eastern Montana Interdiction Task Force received information from a Minnesota drug task force that an RV was transporting a large quantity of marijuana from California to Minnesota. The Montana Highway Patrol located the RV in a Walmart parking lot in Miles City and began surveilling the vehicle. The RV left the parking lot and stopped at the Gold Dust Casino parking lot. Officers saw two occupants of the RV leave the casino and head to the RV. The officers approached and began talking to the couple, identified as the Robinsons.
When the officers asked for license and registration documents, Vicki Robinson said the registration was in the RV. When she opened the door, officers smelled a strong order of raw marijuana. A police K-9 then alerted to the vehicle.
Steven Robinson agreed to speak with officers and admitted there was about 800 pounds of marijuana in the RV and that he was transporting it. He told officers he had delivered before and was paid $20,000. He also consented to a search of the RV and his cell phone. Officers found about 960 pounds of marijuana.
Assistant U.S. Attorney Tom Godfrey prosecuted the case, which was investigated by the Drug Enforcement Administration.
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Crow Agency woman admits assaulting elderly man while on methamphetamineRead the Press Release
BILLINGS – A Crow Agency woman admitted today to attacking and seriously injuring an elderly man while she was under the influence of methamphetamine, U.S. Attorney Kurt Alme said.
Melissa Ann Prettypaint-Alvarado, 41, pleaded guilty to assault resulting in serious bodily injury during a hearing before U.S. Magistrate Judge Timothy J. Cavan. Judge Cavan will recommend Prettypaint-Alvarado’s plea be accepted by U.S. District Judge Susan P. Watters, who is hearing the case.
Prettypaint-Alvarado faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. She was detained.
Prosecutors said evidence would show that the Bureau of Indian Affairs police responded on Nov. 18, 2018 to an assault that occurred at a Crow Agency residence on the Crow Reservation. The 77-year-old victim said Prettypaint-Alvarado got angry with him and attacked him while he was lying on a bed. Prettypaint-Alvarado hit him in the face and head, tried to strangle him with a belt, pulled out a clump of his hair and bit his hand.
The victim ultimately was taken to Billings Clinic for treatment of injuries to his face, shoulder and eye area. After the assault, the victim needed a cane to walk.
In an interview with law enforcement, Prettypaint-Alvarado admitted she is a meth user and was on meth at the time she assaulted the victim.
Assistant U.S. Attorney Lori Suek prosecuted the case, which was investigated by the FBI.
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Crow Agency man sentenced for assault, witness tamperingRead the Press Release
BILLINGS—A Crow Agency man convicted of beating his partner on the Crow Reservation and of trying to get her to not testify about the assaults was sentenced on March 13 to a total of 78 months in prison, with credit for 106 days for time spent in tribal custody, and three years of supervised release, U.S. Attorney Kurt Alme said.
Lansing Zachary Rock Above, 34, pleaded guilty in November to assault resulting in substantial bodily injury to a spouse or intimate partner and to tampering with a witness.
U.S. District Judge Susan P. Watters presided.
“Offenders who assault women will be prosecuted,” U.S. Attorney Alme said. “Those who also try to intimidate or threaten victims will be prosecuted again to the full extent of the law. Victims need to know they can come forward and we will use the criminal justice system to protect them,” Alme said.
Prosecutors said Rock Above beat and strangled his intimate partner on Feb. 23 and 24, 2018 in Crow Agency on the Crow Reservation. The victim was treated for bruises and injuries to her head, neck and teeth. In March 2018, Rock Above called the victim five times on a recorded phone line from the Big Horn County Detention Facility, in Basin, Wyo., and attempted to convince the victim to not testify against him and to say nothing happened. In one of the calls, Rock Above said his case would be dismissed and asked the victim, “You got my back, right?”
Assistant U.S. Attorney Paulette Stewart prosecuted the case, which was investigated by the Bureau of Indian Affairs and FBI.
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Former Miles City athletic trainer admits coercion, enticement chargesRead the Press Release
MISSOULA – Former high school athletic trainer James E. “Doc” Jensen, Jr., of Miles City, today admitted charges that he coerced or enticed multiple minors into sexual activity, U.S. Attorney Kurt Alme announced.
Jensen, 79, pleaded guilty to coercion and enticement. There was no plea agreement.
Chief U.S. District Judge Dana L. Christensen presided. Sentencing is set for July 30 in Billings. Jensen is detained.
Jensen faces a maximum 15 years in prison, a $250,000 fine and three years of supervised release.
Prosecutors said evidence would show Jensen obtained information from the Internet to develop a so-called “Program” that he used to coerce minor male student-athletes into sexual activity saying it would increase their physical performance. Jensen also used the telephone to contact victims about “The Program.”
Jensen, who was an athletic trainer at the Custer County District High School in Miles City from the 1970s to about 1998, knew that the student athletes were minors. Victim interviews would confirm that Jensen engaged in this conduct until at least 1999 and after his association with Custer County District High School.
Jensen admitted in a September 2018 interview the basic tenants of “The Program,” saying he got information for its administration from the Internet and had applied it to hundreds of minor children.
A relative of Jensen also told law enforcement about seeing apparent computer print-outs of “The Program” among Jensen’s possessions. Another witness told law enforcement about seeing Jensen online and deceptively attempting to contact minor children, particularly boys, by creating a false identity. Internet searches on Jensen’s computer were consistent with sexual interest in children.
Assistant U.S. Attorneys Zeno Baucus and Bryan Dake prosecuted the case, which was investigated by the FBI and Montana Division of Criminal Investigation.
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Billings man admits drug trafficking, firearms chargesRead the Press Release
BILLINGS – A Billings man accused of selling methamphetamine, morphine and oxycodone admitted to drug and firearms charges today, U.S. Attorney Kurt Alme said.
Kevin James Maslen, 55, pleaded guilty to possession with intent to distribute controlled substances and to possession of a firearm in furtherance of a drug trafficking crime.
U.S. Magistrate Judge Timothy J. Cavan presided and will recommend Maslen’s plea be accepted by U.S. District Judge Susan P. Watters, who is hearing the case. Maslen was a released pending sentencing.
Maslen faces a minimum mandatory 10 years to life in prison, a $10 million fine and five years of supervised release.
Prosecutors said evidence showed that beginning in June 2017, an undercover agent bought methamphetamine, morphine and oxycodone from Maslen. In one of the buys, the undercover agent bought morphine and two firearms from Maslen. A search warrant was executed on Maslen’s residence in May 2018 and law enforcement found about 30 grams of meth, 83 oxycodone tablets and additional firearms. Maslen admitted to dealing in meth and pills during an interview with the Drug Enforcement Administration. The total amount of meth seized was about 78 grams.
Assistant U.S. Attorney Tom Godfrey prosecuted the case, which was investigated by the DEA and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Mexico citizen arrested in Glacier National Park sentenced to prisonRead the Press Release
GREAT FALLS—A Mexico citizen arrested in Glacier National Park was sentenced today to six months in prison and to two years of supervised release for conviction of being in the United States illegally, U.S. Attorney Kurt Alme said.
Luis Alejandro Lopez-Solis, 38, pleaded guilty in December to illegal re-entry.
U.S. District Judge Brian M. Morris presided.
On Sept. 24, 201, while on routine patrol of the Goat Haunt area in Glacier National Park, park personnel told St. Mary Border Patrol agents of a suspicious person walking south from the Goat Haunt Ranger Station area. Border Patrol agents searched and found Lopez-Solis talking to a park law enforcement ranger on a trail south of the ranger station. Lopez-Solis was taken to the ranger station for an interview. Lopez-Solis, who was in wet clothing and shivering, said he had fallen into a nearby creek while trying to cross it.
Agents arrested Lopez-Solis and flew him by helicopter from the ranger station to the St. Mary Border Patrol Station for further investigation. He confirmed he was a citizen of Mexico.
Lopez-Solis told agents he left Mexico on Sept. 21, 2018 and had arrived the same day in Canada. There, he rented a car and traveled to Waterton, Alberta, where on Sept. 24 he started walking south, crossing into the United States, until he got found by the National Park Service rangers. He said his plan was to follow the NPS trail system to Chief Mountain where his girlfriend was going to pick him up.
Lopez-Solis was deported in May 2017 after conviction on passport fraud. He did not have permission to reenter the United States.
Assistant U.S. Attorney Paulette Stewart is prosecuting the case, which was investigated by U.S. Border Patrol and Glacier National Park Law Enforcement.
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Great Falls man sentenced for illegally possessing firearmRead the Press Release
GREAT FALLS—A federal judge today sentenced Great Falls resident Marcus Wayne Logan, 44, to 14 months in prison and to three years of supervised release for illegally possessing a firearm, U.S. Attorney Kurt Alme said.
Logan pleaded guilty in October to being a prohibited person in possession of a firearm.
U.S. District Judge Brian M. Morris presided.
An investigation found that the Montana State Prison released Logan on Feb. 26, 2018 and directed him to report to the probation and parole office in Great Falls. Logan, who had two prior felony convictions and was prohibited from possessing firearms, signed a Firearms Regulation form acknowledging he was prohibited from possessing firearms. Logan checked in with probation but failed to show up for subsequent appointments. A warrant was issued for his arrest.
Law enforcement ultimately arrested Logan in a traffic stop on April 18. In a search of the vehicle, a probation officer found a loaded, .45-caliber semi-automatic pistol in a backpack belonging to Logan.
Assistant U.S. Attorney Jessica Betley prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Great Falls Police Department.
The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned this week before U.S. Magistrate judges and indictments handed down by the Grand Jury were unsealed. Indictments are merely accusations and defendants are presumed innocent until proven guilty:
Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on Feb. 27 was:
JAMES MICHAEL GARCIA, 26, of Brockton, on charges of assault resulting in serious bodily injury and felony child abuse alleged to have occurred on the Fort Peck Indian Reservation. If convicted of the most serious crime, Garcia faces a minimum mandatory 10 years to life in prison, a $250,000 fine and five years of supervised release. Garcia was detained. The case was investigated by the FBI. Pacer case reference. 19-07.
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan, and pleading not guilty on Feb. 27 was:
JONATHAN LEVI DEPUTEE, 42, of Hardin, on charges of failure to register as a sexual offender. If convicted of the most serious crime, Deputee faces a maximum 10 years in prison, a $250,000 fine and five years to life of supervised release. Deputee was detained. The case was investigated by the U.S. Marshals Service. Pacer case reference. 19-17.
MELISSA ANN PRETTYPAINT-ALVARADO, 41, of Crow Agency, on charges of assault resulting in serious bodily injury alleged to have occurred on the Crow Indian Reservation. If convicted of the most serious crime, Prettypaint-Alvarado faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Prettypaint-Alvarado was detained. The case was investigated by the FBI. Pacer case reference. 19-21.
ZACHARY BENEDICT LEE, 33, of Billings, on charges of prohibited person in possession of a firearm. If convicted of the most serious crime, Lee faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Lee was detained. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Pacer case reference. 19-20.
Appearing on Feb. 26 and pleading not guilty was:
KENNETH CLARENCE ALTMAN, 26, of Billings, on charges of prohibited person in possession of a firearm. If convicted of the most serious crime, Altman faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Altman was detained. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Pacer case reference. 19-02.
RALPH KENNETH COSTA, 34, of Crow Agency, on charges of assault resulting in substantial bodily injury to a dating partner alleged to have occurred on the Crow Indian Reservation. If convicted of the most serious crime, Costa faces a maximum five years in prison, a $250,000 fine and three years of supervised release. Costa was detained. The case was investigated by the FBI. Pacer case reference. 19-14.
AMBER LYNN LANPHEAR, 33, of Billings, on charges of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute meth, possession of a firearm in furtherance of a drug trafficking crime and felon in possession of a firearm. If convicted of the most serious crime, Lanphear faces a minimum mandatory five years to 40 years in prison, a $5 million fine and at least four years of supervised release. Lanphear was detained. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Pacer case reference. 19-19.
LAWRENCE ALEX FOSTER III, 46, of Billings, on charges of conspiracy to possess with intent to distribute methamphetamine, attempted possession and possession with intent to distribute meth. If convicted of the most serious crime, Foster faces a minimum mandatory 10 years to life in prison, a $10 million fine and five years of supervised release. Foster was detained. The case was investigated by the Eastern Montana High Intensity Drug Trafficking Area Task Force. Pacer case reference. 19-18.
CRAIG AARON YEATES, 34, of Billings, on charges of conspiracy to possess with intent to distribute methamphetamine, attempted possession of meth with intent to distribute and prohibited person in possession of a firearm. If convicted of the most serious crime, Yeates faces a minimum mandatory 10 years to life in prison, a $10 million fine and five years of supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Eastern Montana High Intensity Drug Trafficking Area Task Force. Pacer case reference. 19-24.
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Judge sentences Billings man to prison for firearms crimesRead the Press Release
BILLINGS—A Billings man convicted at trial of firearms crimes was sentenced to five years in prison and three years of supervised release on Wednesday, U.S. Attorney Kurt Alme said.
Jerome Lawrence Wigmore Jr., 49, was convicted in a two-day jury trial in October on all three counts, including felon in possession of firearms, possession of an unregistered firearm and possession of a firearm not identified by a serial number.
Prosecutors presented evidence that law enforcement officers served an arrest warrant on Wigmore in a Billings motel room on Jan. 4, 2018. Officers found that Wigmore possessed a .357-caliber revolver and a .22 caliber weapon made from a rifle, which was not identified by a serial number. Wigmore is prohibited from possession firearms because of a prior felony conviction for aggravated assault in Rosebud County.
Assistant U.S. Attorney Paulette Stewart prosecuted the case, which was investigated by the Marshals Service Montana Violent Offenders Task Force and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Illegal possession of sawed-off shotgun sends Billings man to prisonRead the Press Release
BILLINGS—Billings resident Randy Dwayne Watts, who admitted to illegal possession of a sawed off shotgun, was sentenced on Wednesday to 57 months in prison and to three years of supervised release, said U.S. Attorney Kurt Alme.
Watts, 51, pleaded guilty in October to being a prohibited person in possession of firearms.
U.S. District Judge Susan Watters presided.
Watts was indicted after a traffic stop on Jan. 17, 2018 in which a Yellowstone County Sheriff’s deputy pulled over a vehicle that ran a red light. Watts was in the front passenger seat. A loaded, sawed off shotgun was visible between Watts and the door. The driver said the car belonged to Watts, and Watts claimed not to know there were any guns in the car. On the rear driver’s side floorboard was a loaded .22-caliber pistol. Watts was arrested on warrants. A K-9 dog altered to the car and a search warrant was obtained. Law enforcement officers found six baggies containing a total of about 12 grams of methamphetamine. Watts was prohibited form possessing firearms because of previous convictions in California and Montana.
Assistant U.S. Attorney Tom Godfrey prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Great Falls woman sentenced in meth caseRead the Press Release
GREAT FALLS—Great Falls resident Macedonia Frances Mondragon, who hid methamphetamine inside her body, was sentenced on Wednesday to 66 months in prison and four years of supervised release for conviction of possessing meth, U.S. Attorney Kurt Alme said.
Mondragon, 33, pleaded guilty in November to possession with intent to distribute meth.
U.S. District Judge Brian M. Morris presided.
Prosecutors said Mondragon initially was arrested on warrants after Great Falls police officers responded to a shoplifting report involving four individuals on March 16, 2018 at Walmart. Officers searched Mondragon’s purse and found stolen items, a cell phone, drug paraphernalia and a notebook that appeared to be a drug ledger. Officers also seized a money wire receipt showing that a member of the group had just transferred $800 to a person in California.
While being booked into jail on city warrants and the theft from Walmart, a detention officer found a package containing 46.4 grams of meth concealed in Mondragon’s body.
Further investigation by Homeland Security agents found that Mondragon had been involved in distributing meth in the Great Falls area for at least the previous two months.
Assistant U.S. Attorney Jessica Betley prosecuted the case, which was investigated by Homeland Security Investigations and the Great Falls Police Department.
The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Harlem man sentenced for domestic abuseRead the Press Release
GREAT FALLS—Harlem resident Tristen Jace Gone, who admitted hitting his domestic partner, was sentenced today to three years in federal prison and two years of supervised release, U.S. Attorney Kurt Alme said.
Gone, 19, pleaded guilty in November to domestic abuse by a habitual offender.
U.S. District Judge Brian M. Morris presided.
Prosecutors said evidence showed that Gone punched the victim in the face and arm and threw her down after she received a court subpoena on July 9, 2018 in Newtown on the Fort Belknap Indian Reservation. Gone has two prior domestic convictions from Fort Belknap Tribal Court.
Assistant U.S. Attorney Paulette Stewart prosecuted the case, which was investigated by the Fort Belknap Tribal Police and FBI.
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Washington man sentenced to 10 years in child porn caseRead the Press Release
MISSOULA—A Washington man who admitted attempting to view child pornography on a computer while riding a bus was sentenced today to a mandatory minimum 10 years in prison and a lifetime of supervised release, U.S. Attorney Kurt Alme said.
Eric Franklin Rosser, 67, of Ellensburg, Wash., pleaded guilty in October to accessing with intent to view child pornography.
U.S. District Judge Donald W. Molloy presided. Molloy also fined Rosser $10,000, levied a total of $5,000 in special assessments and ordered Rosser’s computer to be forfeited.
An investigation began on July 22, 2017, when a passenger on a commercial bus heading east on Interstate 90 near Butte noticed that Rosser, who was seated in front of him, was viewing child porn on his laptop computer. When the bus arrived in Billings, the passenger approached Rosser about the video, and Rosser responded, “Leave me alone. I know I have a problem.”
Law enforcement was called to the Billings bus station, and officers questioned Rosser. Rosser admitted he was watching child porn that was being sold online. He also said he had $10,000 cash strapped to each leg and another $50,000 cash in his bags. Officers found the money along with $2,402 that was in Rosser’s wallet. Rosser admitted to emptying his bank account before leaving Washington.
Assistant U.S. Attorney Zeno Baucus prosecuted the case, which was investigated by the Billings Police Department.
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Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned this week before U.S. Magistrate judges and indictments handed down by the Grand Jury were unsealed. Indictments are merely accusations and defendants are presumed innocent until proven guilty:
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on February 19 was:
DAVID LOPEZ, 41, of Billings, on charges of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute meth and possession of a firearm in furtherance of a drug trafficking crime. If convicted of the most serious crime, Lopez faces a minimum mandatory 10 years to life in prison, a $10 million fine and five years of supervised release. Lopez is detained. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, FBI, Eastern Montana High Intensity Drug Trafficking Area and Billings Police Department. Pacer case reference. 18-128.
Appearing on February 21 and pleading not guilty was:
GARY DUANE ERVIN, 50, of Billings, on charges of prohibited person in possession of a firearm. If convicted of the most serious crime, Ervin faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Ervin is detained. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Pacer case reference. 19-04.
CARLOS ALBERTO JAQUINET, 61, of Billings, on charges of false statement in application for passport. If convicted of the most serious crime, Jaquinet faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Jaquinet was released. The case was investigated by the U.S. Department of State, Diplomatic Security Service. Pacer case reference. 18-137.
Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on February 19 was:
JAMES DEBERRY, 24, on charges of failure to register as a sexual offender. If convicted of the most serious crime, Deberry faces a maximum 10 years in prison, a $250,000 fine and five years of supervised release. Deberry is detained. The case was investigated by the U.S. Marshals Service. Pacer case reference. 19-02.
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Great Falls woman who distributed meth throughout central Montana sentenced to prisonRead the Press Release
GREAT FALLS—A federal judge on Thursday sentenced Donny Lynn Ferguson, of Great Falls, to 10 years and eight months in prison and five years of supervised release for conviction on distributing large quantities of meth in central Montana and on two Indian reservations, U.S. Attorney Kurt Alme said.
Ferguson, 39, pleaded guilty in September to possession with intent to distribute meth and possession of a firearm in furtherance of a drug trafficking crime.
U.S. District Judge Brian Morris presided.
Prosecutors said evidence would show that since at least November 2016, law enforcement received information that Ferguson was dealing multi-pound quantities of meth throughout the state but that her primary area was Great Falls, Lewistown, Havre and the Rocky Boy’s and Fort Belknap Indian Reservations. Sources also confirmed that Ferguson typically carried firearms for her protection in her drug trade.
In April 2018, law enforcement seized more than 2.8 pounds of meth from a Lewistown home and learned that Ferguson had previously supplied meth to the occupants.
Two months later, agents stopped Ferguson outside of Polson and found her in possession of about two pounds of meth, small amounts of heroin and cocaine, a firearm and ammunition, drug paraphernalia and more than $6,000 cash. Two pounds of meth is the equivalent of about 7,248 doses.
Assistant U.S. Attorney Jessica Betley prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the FBI.
The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Fortine woman sentenced to prison for embezzling from Eureka community programsRead the Press Release
MISSOULA—Fortine resident Roseann Robyn Kipp, who admitted stealing from two Eureka community programs, was sentenced today to eight months in prison, three years of supervised release and ordered to pay $48,431 restitution, U.S. Attorney Kurt Alme said.
Kipp, 40, pleaded guilty in November to wire fraud.
U.S. District Judge Donald W. Molloy presided.
Prosecutors said evidence showed that for about two years, Kipp embezzled funds from the Eureka Rural Development Partners (ERDP), which promoted and assisted businesses, and from the Area Chamber of Commerce, which put on an annual event called the “Rendezvous.” Kipp was an administrative assistant who provided bookkeeping services for ERDP. She also was the treasurer for the Chamber of Commerce and collected funds in a PayPal account for the Rendezvous.
Kipp was fired on Nov. 25, 2015 after she admitted to embezzling funds from the ERDP MasterCard account. The amount stolen was about $45,909. Kipp also stole about $2,501 from the Chamber’s PayPal account for the Rendezvous.
In a January 2018 interview with law enforcement, Kipp admitted to embezzling from ERDP.
Assistant U.S. Attorney Ryan Weldon prosecuted the case, which was investigated by the FBI.
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Woman sentenced for firearms violationsRead the Press Release
GREAT FALLS—A California woman who was stopped in Chouteau County while driving a stolen vehicle was sentenced today to three years in prison and three years of supervised release for conviction on a firearms crime, U.S. Attorney Kurt Alme said.
Nikki Graham, 31, of Ventura, Calif., pleaded guilty in November to being a felon in possession of a firearm.
U.S. District Judge Brian M. Morris presided.
Prosecutors said Graham was stopped on Dec. 5, 2017 by a Chouteau County sheriff’s deputy while driving a stolen Chevy Tahoe. Three other persons, including two juvenile males, also were in the vehicle. Graham had a .40-caliber handgun. She handed the firearm to one of the juveniles, telling him to take it because as a juvenile, he would not get into as much trouble as she would. Graham, who has felony convictions in California for burglary, possession of a controlled substance and receiving stolen property, was prohibited from possessing firearms.
Assistant U.S. Attorney Jared Cobell prosecuted the case, which was investigated by the FBI, Bureau of Alcohol, Tobacco, Firearms and Explosives, Rocky Boy’s Tribal Police and Choteau County Sheriff’s Office.
The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Missoula man sentenced to six years for methRead the Press Release
MISSOULA—Missoula resident Gerald Eugene Kennedy, who admitted to distributing methamphetamine for two to three years, was sentenced today to six years in prison and five years of supervised release, U.S. Attorney Kurt Alme said.
Kennedy, 54, pleaded guilty in October to possession with intent to distribute meth.
Chief U.S. District Judge Dana L. Christensen presided.
Kennedy was charged after a Missoula Police Department sergeant pulled Kennedy over during a traffic stop and discovered meth on Kennedy’s person during a pat down. Kennedy admitted that the substance was meth and later admitted to having distributed meth for about two to three years.
Assistant U.S. Attorney Tara Elliott prosecuted the case, which was investigated by the Montana Regional Violent Crimes Task Force and FBI.
The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Missoula meth dealer sentenced to seven yearsRead the Press Release
MISSOULA—Missoula resident Canon Jack Byers, 32, who admitted to distributing more than seven pounds of methamphetamine in 2018, was sentenced today to seven years in prison and five years of supervised release, U.S. Attorney Kurt Alme said.
Byers pleaded guilty in October to conspiracy to distribute meth.
Chief U.S. District Judge Dana L. Christensen presided.
Prosecutors said evidence would show that in 2018, Byers was identified as a meth dealer by confidential informants. One informant bought about five pounds of meth from Byers from March to May. Byers, who was arrested on May 20, 2018 on an outstanding probation violation, admitted to law enforcement that he had obtained more than seven pounds of meth from March until his arrest.
Assistant U.S. Attorney Tara Elliott prosecuted the case, which was investigated by the Montana Regional Violent Crimes Task Force.
The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Billings man sentenced to 15 years for meth traffickingRead the Press Release
BILLINGS—Billings resident James Nevels, III, was sentenced to 15 years in prison and five years of supervised release today for trafficking methamphetamine in the Billings community, U.S. Attorney Kurt Alme said.
Nevels, 40, pleaded guilty in August to conspiracy to possess meth with intent to distribute and to possession with intent to distribute meth.
U.S. District Judge Susan P. Watters presided.
Prosecutors said evidence showed that drug investigators received information in October 2017 that Nevels and co-defendant, Nicole Waldhalm of Billings, were distributing in the Billings area meth that Waldhalm received from California. A confidential informant made meth buys from both Waldhalm and Nevels. In December 2017, the Montana Highway Patrol arrested Waldhalm, who was in possession of one ounce of meth. Waldhalm admitted that she and Nevels had brought between two and four ounces of meth from California to Montana.
Waldhalm was convicted in July 2018 in the case and sentenced last November to five years in prison.
Assistant U.S. Attorney Colin Rubich prosecuted the case, which was investigated by the Eastern Montana High Intensity Drug Trafficking Area Task Force, the Drug Enforcement Administration, FBI and Billings Police Department.
The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Judge sentences Browning man to prison for sex abuse of minorRead the Press Release
GREAT FALLS—A Browning man who admitted providing a minor methamphetamine in exchange for sexual favors was sentenced on Feb. 14 to 51 months in prison and six years of supervised release, U.S. Attorney Kurt Alme said.
Richard “Bitsy” Smith, 37, pleaded guilty in November to sexual abuse of a minor and distribution of a controlled substance to a person under 21.
U.S. District Judge Brian M. Morris presided.
Prosecutors said an FBI investigation in 2017 into reports of individuals on the Blackfeet Indian Reservation providing meth to minors in exchange for sexual activity led to Smith and the victim. Search warrants served on Facebook accounts showed Smith and the victim were engaged in a sexual and drug relationship. The victim told investigators that Smith had provided her meth and that they had sex on multiple occasions. Smith admitted to investigators in August 2018 that he had been dealing meth for about two years to support his addiction.
Assistant U.S. Attorney Jeffrey Starnes prosecuted the case, which was investigated by the FBI.
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Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges and indictments handed down by the Grand Jury were unsealed. Indictments are merely accusations and defendants are presumed innocent until proven guilty:
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on Feb. 12 was:
NICHOLAS TYLER SMITH, 24, of Livingston, on charges of receipt of a firearm while under information and false statement in firearms acquisition. Smith was detained. If convicted of the most serious crime, Smith faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Pacer case reference. 19-06.
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on Feb. 13 was:
DUSTIN CHARLES GOUDREAUX, 29, of Lame Deer, on charges of assault resulting in serious bodily injury on the Northern Cheyenne Indian Reservation. Goudreaux was detained. If convicted of the most serious crime, Goudreaux faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. The case was investigated by the FBI. Pacer case reference. 19-09.
Appearing in Missoula before U.S. Magistrate Judge Jeremiah C. Lynch on Feb. 12 was:
JUSTIN MICHAEL ALLEN, 33, of Los Angeles, CA, on a criminal complaint charging him with felon in possession of a firearm. Allen waived a preliminary hearing and is detained. If convicted of the most serious crime, Allen faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Missoula High Intensity Drug Trafficking Area Task Force. Pacer case reference. 19-17.
Appearing in Missoula before U.S. Magistrate Judge Jeremiah C. Lynch on Feb. 13 was:
DEREK ALAN DEMBOWSKI, 41, of Thompson Falls, on a criminal complaint charging him with felon in possession of a firearm, possession of a firearm in furtherance of a drug trafficking crime and distribution of methamphetamine. He is detained. If convicted of the most serious crime, Dembowski faces a minimum mandatory five years to life, a $250,000 fine and five years of supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Pacer case reference. 19-15.
Appearing in Missoula before U.S. Magistrate Judge Jeremiah C. Lynch on Feb. 14 were:
JENNIFER JILL DANNA, 46, and PRZEMEK ROGALSKI, 40, both of California, on a criminal complaint charging them with conspiracy to distribute methamphetamine. Both are detained. Judge Lynch found there was probable cause to proceed and the case will be presented to a grand jury. If convicted of the most serious crime, Danna and Rogalski face a minimum mandatory 10 years to life in prison, a $10 million fine and a minimum five years of supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Missoula High Intensity Drug Trafficking Area Task Force and the Drug Enforcement Administration. Pacer case reference. 19-18.
Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on Feb. 14 was:
DOUGLAS JOSEPH DAYRIDER, 38, of Cut Bank, on charges of failure to register as a sex offender on the Blackfeet Reservation. He was detained. If convicted of the most serious crime, Dayrider faces a maximum 10 years in prison, a $250,000 fine and five years of supervised release. The case was investigated by the U.S. Marshals Service. Pacer case reference. 19-05.
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Browning man sentenced to 16 years for sexually abusing, giving meth to minorRead the Press Release
GREAT FALLS—A Browning man convicted of having sex with and giving methamphetamine to a minor at his home on the Blackfeet Indian Reservation was sentenced on Thursday to 16 years in prison and six years of supervised release, U.S. Attorney Kurt Alme said.
Bruce Dragonfly, 56, pleaded guilty in July to aggravated sexual abuse of a minor and to distribution of a controlled substance to a minor.
U.S. District Judge Bryan M. Morris presided.
An investigation found that in 2015 at Dragonfly’s home, the victim, a minor, and others attended a party in which everyone could use methamphetamine together. The evidence, prosecutors said, showed that Dragonfly supplied at least some of the meth to the partygoers. During the party, Dragonfly requested the victim perform a sex act on him and in exchange, provided her meth.
Dragonfly continued providing the victim meth in exchange for sex, money or other non-sexual favors until mid-2017, both on and off the Blackfeet Reservation. Dragonfly and the victim typically communicated through Facebook and Internet chat services to arrange meetings.
In an interview with FBI agents in April 2018, Dragonfly confirmed he had previously provided the victim with meth in exchange for sex.
Assistant U.S. Attorney Jeffrey Starnes prosecuted the case, which was investigated by the FBI and Blackfeet Law Enforcement Services.
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Ballantine man sentenced for two attempted bank burglariesRead the Press Release
BILLINGS—A federal judge on Wednesday sentenced a Ballantine man who admitted trying to break into two banks to two years in prison and three years of supervised release, U.S. Attorney Kurt Alme said.
Anthony William Felton, 27, pleaded guilty in October to bank burglary.
U.S. District Judge Susan P. Watters presided. Judge Watters will set a hearing to determine restitution.
Prosecutors said the evidence would show that Felton broke into the Beartooth Bank in Billings on Oct. 24, 2017 and tried to break into the ATM machine using a grinder and other tools. He fled before officers responded to the alarm. Officers found a grinder, pocket knife and an extension cord near the ATM. Security footage captured the attempt but was inconclusive about the identity of the suspect, who appeared to avoid the cameras.
A second bank burglary occurred on Dec. 6, 2017 when Felton broke into the Stockman Bank in Worden by breaking an interior door. Felton used an angle grinder to try to access cash in an ATM. He was unsuccessful but caused about $12,000 in damages.
Law enforcement arrested Felton on Dec. 14, 2017 after he was suspected of multiple robberies in the area. A search of his backpack yielded a bandana, a pry bar and bolt cutter. During search of a vehicle Felton was using, officers found a concrete saw that appeared to be the same saw used in the bank burglaries. Felton admitted to law enforcement he attempted to rob both banks.
Assistant U.S. Attorney Zeno Baucus prosecuted the case, which was investigated by the FBI.
The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Missoula man sentenced for meth, firearms violationsRead the Press Release
MISSOULA—A Missoula man who admitted possessing methamphetamine and a firearm was sentenced on Tuesday to 10 years in prison and five years of supervised release, U.S. Attorney Kurt Alme said.
Jeremy Douglas Smith, 29, pleaded guilty in October to possession with intent to distribute meth and to possessing a firearm in furtherance of a drug trafficking crime.
Chief U.S. District Judge Dana L. Christensen presided.
Prosecutors said evidence showed that on May 2, 2018, the Missoula County Sheriff’s Office conducted a traffic stop on a vehicle Smith was driving. A search warrant for the vehicle led to the recovery of meth, a 9mm pistol, drug paraphernalia and ammunition. Smith admitted to law enforcement that he distributed meth and possessed the firearm.
Assistant U.S. Attorney Tara Elliott prosecuted the case, which was investigated by the FBI.
The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Livingston man sentenced in firearms caseRead the Press Release
BILLINGS—A Livingston resident who admitted illegally possessing a firearm was sentenced today to five years of probation, U.S. Attorney Kurt Alme said.
Cody Allen Viers, 36, pleaded guilty in October to being a prohibited person in possession of a firearm.
U.S. District Judge Susan P. Watters presided.
Prosecutors said that on Feb. 13, 2018, law enforcement interviewed an individual about a 9mm semi-automatic pistol he had purchased earlier and had given to another person. Officers also interviewed Viers, who said he had bought the firearm and had provided it to the person law enforcement interviewed in February. Viers also admitted he was prohibited from possessing a firearm because of a previous conviction for partner or family member assault. A criminal history review found that Viers had two convictions for the crime, a misdemeanor.
Assistant U.S. Attorney Zeno Baucus prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Lame Deer man admits fatal stabbingRead the Press Release
BILLINGS—Lame Deer resident Darrell Lee Whiteman, Jr. admitted today that he fatally stabbed a person during an argument in March 2017, U.S. Attorney Kurt Alme said.
Whiteman, 29, pleaded guilty to voluntary manslaughter. Whiteman faces a maximum 15 years in prison, a $250,000 fine and three years of supervised release.
U.S. District Judge Susan Watters presided. Judge Watters set sentencing for June 21, 2019. Whiteman is detained.
Prosecutors said evidence would show that on March 4, 2017, Whiteman was at a Lame Deer residence, on the Northern Cheyenne Indian Reservation, drinking with others. Whiteman got into an argument with his girlfriend, and the victim told Whiteman to stop. Whiteman and the victim then got into a fight that was broken up by another person.
The victim went to the kitchen for a drink of water, and Whiteman grabbed a knife from the kitchen. Whiteman reached around another individual who was in between the two and stabbed the victim once in the chest. Whiteman left the residence and the victim later died.
Assistant U.S. Attorney Bryan Dake prosecuted the case, which was investigated by the FBI.
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Garryowen man sentenced in assaultRead the Press Release
BILLINGS—Garryowen resident Tyrone Joe Oldelk, who admitted beating a person, was sentenced today to prison and to three years of supervised release, U.S. Attorney Kurt Alme said.
Oldelk, 30, pleaded guilty in October to assault resulting in substantial bodily injury of a dating partner.
U.S. District Judge Susan Watters presided. Judge Watters sentenced Oldelk to 24 months in prison and gave him credit for three months he served in tribal jail for the same offense, for a net sentence of 21 months.
Prosecutors said evidence showed that Oldelk assaulted the victim on Nov. 18, 2017 in Garryowen on the Crow Indian Reservation after he got drunk and the two began arguing. Oldelk punched, choked and kicked the victim on various parts of her body over several hours and stopped when another person entered the room. The beating resumed the next morning and stopped when the victim, attempting to defend herself, hit Oldelk in the face and broke his nose.
Assistant U.S. Attorney Lori Suek prosecuted the case, which was investigated by the FBI.
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Judge sentences man to nine years in prison in child porn caseRead the Press Release
MISSOULA—A man who admitted downloading child pornography to his cell phone was sentenced today to nine years in federal prison and 15 years of supervised release, U.S. Attorney Kurt Alme said.
Wes Brady Johnson, 49, formerly of Marion, pleaded guilty in October to possession of child porn.
Chief U.S. District Judge Dana L. Christensen presided at sentencing. Judge Christensen also ordered $3,000 restitution.
An investigation began in September 2016 when a Montana Internet Crimes Against Children Task Force agent received two tips that a user was uploading child porn with a Twitter account and that the account was connected to Johnson. Johnson’s cell phone was seized during a search of a Flathead County residence where he had been staying. Johnson said in an interview that he had been downloading child porn for about six months and that the files contained sexually explicit images of prepubescent girls.
Assistant U.S. Attorney Cyndee Peterson prosecuted the case, which was investigated by the ICACTF, Flathead County Sheriff’s Office and Montana Division of Criminal Investigation.
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U.S. Attorney hires five new attorneysRead the Press Release
BILLINGS – U.S. Attorney Kurt Alme announced today the recent hiring of five new assistant U.S. attorneys for the District of Montana.
Two of the attorneys are in the Billings office, while two attorneys are in the Great Falls office and one attorney is in the Helena office.
“I am pleased that these five new attorneys, with excellent education and experience, have agreed to join our office. They received high praise from past employers and other references as to their abilities, and importantly, their character and ethics,” Attorney Alme said. “Their addition will help our office keep the people of Montana safe from meth-driven violent crime, address violent and drug crime on our reservations and fight prescription pill diversion.”
Joining the Billings office’s criminal division are Karla Painter and Julie Patten:
- Painter, from Huntley, received her undergraduate degree from Montana State University – Billings in 2008 and her law degree from the University of Montana in 2011. Painter served as a law clerk for Montana Supreme Court Justice Beth Baker for one year then joined the Missoula County Attorney’s Office, where she advanced to become a senior deputy county attorney prosecuting violent felony and financial crimes.
- Patten, from the White Sulphur Springs area, received her undergraduate degree from the University of Montana in 2007 and her law degree from UM in 2011. Patten joined the Yellowstone County Attorney’s Office in 2011 and advanced to become a senior deputy county attorney. She prosecuted violent crimes and served on the felony drug court team. Patten also represented the Yellowstone County Attorney’s Office on the Project Safe Neighborhoods task force, which is a federal Department of Justice initiative to bring together multiple law enforcement agencies to fight meth-driven violent crime.
Joining the Great Falls office’s criminal division are Kalah A. Paisley and Cassady A. Adams:
- Paisley, from Salem, OR, received her undergraduate degree from Western Oregon University in 2004 and her law degree from Georgetown University, Washington D.C., in 2007. Paisley served as deputy legal counsel for the Crow Nation from 2008 to 2012. Beginning in 2013, Paisley was a prosecuting attorney for Clark County, Washington. Paisley also serves as a judge advocate for the Army National Guard, serving a deployment in the Middle East from June 2017 to March 2018.
- Adams, from Mobile, AL, received her undergraduate degree from Tulane University, LA, in 2012, and her law degree from the University of Colorado in 2015. After graduation, Adams worked as a deputy district attorney for the 11th Judicial District Attorney’s Office in Colorado.
Joining the Helena office’s affirmative civil enforcement unit is Michael A. Kakuk.
- Kakuk, from Helena, received his undergraduate degree from St. Cloud State University, MN, in 2003, and his law degree from Willamette University, Oregon, in 2007. Kakuk began as an honors attorney then worked as an assistant attorney general with the Oregon Department of Justice. In 2013, Kakuk became an attorney with the Office of the Montana State Auditor where he prosecuted both civil and criminal violations of Montana law. He also was an adjunct professor, teaching business law at Helena College, with the University of Montana.
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Libby man sentenced for illegally possessing firearmsRead the Press Release
MISSOULA—Libby resident Joshua David Hoffman was sentenced on Friday to eight months in prison and three years of supervised release for illegally possessing three firearms, U.S. Attorney Kurt Alme said.
Hoffman, 43, pleaded guilty in October to being a felon in possession of a firearm.
Chief U.S. District Judge Dana L. Christensen presided. He also ordered the forfeiture of firearms and ammunition seized in the case.
Prosecutors said that on June 9, 2018, law enforcement pulled over Hoffman, who admitted he had firearms in his possession. In a search of his vehicle, law enforcement found a 9 mm pistol, a .22 caliber rifle and a .40 caliber pistol, along with 216 rounds of assorted ammunition. Hoffman, having been previously convicted of a felony, was prohibited from possessing firearms.
Assistant U.S. Attorney Cyndee Peterson prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Lincoln County Sheriff’s Office.
The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Judge sentences Lame Deer woman to prison for methRead the Press Release
BILLINGS—A Lame Deer woman convicted in a large methamphetamine trafficking conspiracy that brought multi-pound quantities to Montana from California was sentenced on Thursday to nine months in prison, two years of house arrest and five years of supervised release, U.S. Attorney Kurt Alme said.
Brandy Joy Pretty On Top, 31, pleaded guilty in July 2018 to possession with intent to distribute meth.
U.S. District Judge Susan Watters presided.
An investigation began in 2015 into a meth trafficking organization that was bringing multi-pound quantities of the drug from the San Jose area in California to Montana for distribution. The investigation ultimately led to Pretty On Top, who was identified as a local dealer on the Northern Cheyenne Indian Reservation. Pretty On Top got meth from one of the San Jose area suppliers, who traveled to Montana.
Assistant U.S. Attorney Lori Suek prosecuted the case, which was investigated by the FBI Big Sky Safe Streets Task Force and Eastern Montana High Intensity Drug Trafficking Area Task Force.
The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned this week before U.S. Magistrate judges and indictments handed down by the Grand Jury were unsealed. Indictments are merely accusations and defendants are presumed innocent until proven guilty:
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on Feb. 5 was:
TORI LASHAWN SMITH, 24, Billings, on charges of conspiracy to possess with intent to distribute controlled substances, possession with intent to distribute heroin and possession with intent to distribute methamphetamine. Smith was detained. If convicted of the most serious crime, Smith faces a minimum mandatory 10 years to life in prison, a $10 million fine and a minimum five years of supervised release. The case was investigated by the Eastern Montana High Intensity Drug Trafficking Area Task Force. Pacer case reference. 18-153.
Appearing in Missoula before U.S. Magistrate Judge Jeremiah C. Lynch and pleading not guilty on Feb. 6 was:
BRANDY CHRISTINE ELLENWOOD, 29, of Polson, on charges of acquire controlled substance by fraud, deception or subterfuge. Ellenwood was released pending trial. If convicted of the most serious crime, Ellenwood faces a maximum four years in prison, a $250,000 fine and one year of supervised release. The case was investigated by the Montana Criminal Investigation Division and the federal Drug Enforcement Administration. Pacer case reference. 19-2.
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Department of Justice announces update on combating human trafficking; Montana task force aiding in investigations, prosecutionsRead the Press Release
BILLINGS -- Montana, through a multi-agency task force on human trafficking, supports Department of Justice efforts to raise awareness about the activity and to fight this violent crime, U.S. Attorney Kurt Alme said today.
The Department of Justice dedicated January as National Slavery and Human Trafficking Prevention Month, as proclaimed by President Trump in December 2018.
In 2018, the Department of Justice fought human trafficking by investigating and prosecuting traffickers, dismantling transnational human trafficking networks, enhancing victim identification and protection of victims of trafficking and funding and providing domestic and international anti-trafficking programs.
“Human trafficking is a horrible crime against the human dignity of the victims, and it can have no place in our society,” Acting Attorney General Matthew G. Whitaker said. “But the Department of Justice is taking action against the traffickers. In fiscal year 2018, the Department of Justice secured over 500 human trafficking convictions—an increase from the previous year,” Whitaker said.
“Human trafficking, which exploits and enslaves both adults and juvenile victims, is happening in Montana,” U.S. Attorney Alme said. “However, the collaborative work of the Montana task force in sharing and discussing leads, trends and operations is key to bringing human traffickers to justice and to aiding victims. If anyone in Montana sees any evidence of human trafficking they should bring it to the attention of law enforcement right away,” he said.
In 2018, the Montana Human Trafficking Task Force assisted in the prosecution and convictions of four human trafficking related cases. The cases included Terrance Edwards, who was sentenced to 30 years in federal prison for convictions on sex trafficking and other charges; co-defendant Francine Granados, who was sentenced to two years in federal prison for witness tampering in the Edwards case; and Christina Jackson, who was sentenced to five years of federal probation for conviction of transportation of adults. In Missoula County, Walter Hill is awaiting trial in state district court on charges of promoting prostitution. In 2015, Hill was revoked on violations for a previous conviction for promoting prostitution.
The Montana Human Trafficking Task Force is composed of federal, state and other law enforcement agencies that meet quarterly to discuss trends in human trafficking in the state, operations, tactics and active cases. There are about 20 members, representing the US Attorney’s Office, FBI, Drug Enforcement Administration, Homeland Security Investigations, Bureau of Indian Affairs, IRS, the Montana Department of Justice, representatives from the Fort Peck, Ft. Belknap and Blackfeet tribes and the Missoula Police Department. The task force works in collaboration with numerous private-public task forces throughout the state. The task force was created in 2012 and its membership has evolved.
Montana communities with regional task forces include Yellowstone, Missoula, Flathead, Gallatin and Cascade counties. Anyone interested in working on community strategies or assisting victims of human trafficking should reach out to their regional task force, U.S. Attorney Alme said.
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Poplar man sentenced in beating deathRead the Press Release
GREAT FALLS – A Poplar man was sentenced today to six years and eight months in prison and to three years of supervised release after he admitted beating to death a man during a quarrel in July 2017, U.S. Attorney Kurt Alme said today.
Errol Wayne Longee, 35, pleaded guilty in November to voluntary manslaughter for the July 1, 2017 death of a man at a Poplar residence on the Fort Peck Indian Reservation.
U.S. District Judge Brian M. Morris presided. Judge Morris also ordered $2,816 restitution.
Prosecutors said Longee and the victim had been hanging out and drinking in the backyard of the residence when another individual arrived. That individual made accusations against the victim and starting punching the victim in the face. Longee then started assaulting the victim, kicking the victim in the face and stomping on his head. Longee left the scene and later told a relative that he thought he had killed the victim. When interviewed by law enforcement, Longee admitted to hitting and kicking the victim multiple times.
Assistant U.S. Attorney Bryan Dake prosecuted the case, which was investigated by the FBI and Ft. Peck Tribal Department of Law and Justice.
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