FEDERAL DISTRICT ARCHIVE
District of Montana
Press releases recorded for this federal judicial district.
Charles Patton Sentenced to over 10 Years in Prison for Distributing Methamphetamine in Great FallsRead the Press Release
The United States Attorney's Office announced that on April 25, 2014, before U.S. District Judge Brian M. Morris, , CHARLES FERRILL PATTON, 50, of Great Falls, was sentenced to a term of 125 months' imprisonment to be followed by five years of supervised release after his January 22, 2014, guilty plea to possession with intent to distribute methamphetamine. Assistant U.S. Attorney Jessica Betley told the Court that on April 23, 2013, the Russell Country Drug Task Force found Patton in possession of $3377 in cash and 106 grams of actual methamphetamine in his pockets. Agents arrested Patton but he bonded out of jail within a matter of a few days. On May 7, 2013, Patton then attempted to flee the jurisdiction when he attempted to board a flight leaving Missoula International Airport using a dead man's driver's license. TSA authorities stopped Patton but did not detain him. On May 8, 2013, Great Falls law enforcement found the defendant getting out of his car near his home in Great Falls. Law enforcement searched Patton's car and found methamphetamine, a digital scale, a syringe, and a methamphetamine pipe. The DEA lab analyzed the methamphetamine and found one baggie contained 6.2 grams of actual methamphetamine. A gallon size zip lock bag contained 385.2 grams of actual methamphetamine - almost a pound of pure methamphetamine.
The term "actual" methamphetamine refers to the purity contained in the transacted amount which is usually "cut" with inert ingredients that make the actual product less pure but more profitable as drugs are generally sold based on quantity not quality.
This investigation was conducted by the Russell Country Drug Task Force.
Charles Patton Sentenced to over 10 Years in Prison for Distributing Methamphetamine in Great FallsRead the Press Release
The United States Attorney's Office announced that on April 25, 2014, before U.S. District Judge Brian M. Morris, , CHARLES FERRILL PATTON, 50, of Great Falls, was sentenced to a term of 125 months' imprisonment to be followed by five years of supervised release after his January 22, 2014, guilty plea to possession with intent to distribute methamphetamine. Assistant U.S. Attorney Jessica Betley told the Court that on April 23, 2013, the Russell Country Drug Task Force found Patton in possession of $3377 in cash and 106 grams of actual methamphetamine in his pockets. Agents arrested Patton but he bonded out of jail within a matter of a few days. On May 7, 2013, Patton then attempted to flee the jurisdiction when he attempted to board a flight leaving Missoula International Airport using a dead man's driver's license. TSA authorities stopped Patton but did not detain him. On May 8, 2013, Great Falls law enforcement found the defendant getting out of his car near his home in Great Falls. Law enforcement searched Patton's car and found methamphetamine, a digital scale, a syringe, and a methamphetamine pipe. The DEA lab analyzed the methamphetamine and found one baggie contained 6.2 grams of actual methamphetamine. A gallon size zip lock bag contained 385.2 grams of actual methamphetamine - almost a pound of pure methamphetamine.
The term "actual" methamphetamine refers to the purity contained in the transacted amount which is usually "cut" with inert ingredients that make the actual product less pure but more profitable as drugs are generally sold based on quantity not quality.
This investigation was conducted by the Russell Country Drug Task Force.
Brandon Glover Sentenced to over 6 Years in Prison for Distributing Methamphetamine in HavreRead the Press Release
The United States Attorney's Office announced that on April 24, 2014, in Great Falls, BRANDON WAYNE GLOVER, 31, of Havre, was sentenced to a term of 80 months' imprisonment to be followed by five years of supervised release by U.S. District Judge Brian M. Morris. Glover was sentenced following his January 9, 2014, guilty plea to possession with intent to distribute methamphetamine.
Assistant U.S. Attorney Jessica Betley told the Court that Havre law enforcement began the investigation into Brandon Glover's suspected drug activities in early 2010, when a witness told the officers that she had purchased ten grams of methamphetamine directly from the defendant. In February 2011, agents made undercover drug purchases from Glover. The investigation established that Glover often traveled to Billings to pick up methamphetamine. On one occasion, an informant observed Glover with approximately 100 baggies, each of which contained one gram of methamphetamine, packaged for sale.
Numerous witnesses told law enforcement they regularly purchased a half gram to a gram of methamphetamine from Glover and other witnesses would have testified that Glover recruited them to sell methamphetamine for him. From the year 2010, until at least October 2011, Glover possessed with the intent to distribute, at a minimum, over 50 grams of a substance containing a detectable amount of methamphetamine.
This investigation was conducted by the Havre Police Department and the Tri-Agency Task Force.
Tiffany G. Bremner Sentenced for Theft of Government FundsRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls on April 24, 2014, before U.S. District Judge Brian M. Morris, TIFFANY G. BREMNER was sentenced to a term of:
Prison: 15 months
Supervised Release: 3 years
Bremner, of Browning, Montana, was sentenced in connection with her guilty plea to Theft of Government Funds. The Court also ordered that she pay restitution in the amount of $58,702.00.
In an Offer of Proof filed by Assistant U.S. Attorney Zeno B. Baucus, the government stated it would have proved at trial the following:
Bremner, age 31, applied for United States Department of Agriculture and Department of Health and Human Services benefits from approximately February 2002 through June 2009.
During that period, Bremner was required to represent the accurate composition of her
Despite not maintaining custody of her son during the majority of this period, Bremner misrepresented that she had physical custody of them. The appropriate agencies relied on these misrepresentations in determining the eligibility and amounts of her benefits. As a result of her misrepresentations, Bremner obtained approximately $58,700.00 in benefits.
Because there is no parole in the federal system, the (truth in sentencing( guidelines mandate that Bremner will likely serve all of the time imposed by the court. In the federal system, Bremner does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted primarily by the Office of Inspector General for the United States Department of Agriculture.
St. Ignatius Rancher Pleads Guilty to Damaging Wetland on Flathead Reservation Brent PowellRead the Press Release
The United States Attorney's Office announced that St. Ignatius area rancher, Brent Powell, 54, pled guilty today in federal court in Missoula to violating the federal Clean Water Act by damaging a wetland on the Flathead Indian Reservation. Powell faces a possible 1 year in prison and a $25,000 per day fine.
In an Offer of Proof, the prosecutor told the Court that Powell operates B.P. Cattle Company on property that includes a wetland complex bordering Sabine Creek and Mission Creek in Lake County, Montana, which are waters of the United States. These wetlands also lie within the Flathead Indian Reservation.
Through investigative interviews and a check of tribal records, the Environmental Protection Agency Criminal Investigation Division (EPA-CID) established that in 2004, Powell failed to submit a Tribal Application for the Alteration of Aquatic Land or Wetland on the Flathead reservation, known as an 87A (ALCO), before he performed work in wetlands along Pistol Creek. As a result of the 2004 Clean Water Act 404 violations, the United States Army Corps of Engineers issued Powell a cease and desist order for the activities on Pistol Creek and Powell was required to remediate the area.
Undeterred, in 2010, Powell again dredged several channels on his property in an effort to drain the wetlands and extend his agricultural land along the Sabine and Mission Creeks. The dredged material was cast off beside the channels and remained within the wetland area. As a result of the work, heavy sediment was observed in the manmade channels, and cloudy water was observed flowing into Sabine Creek from manmade channels.
EPA-CID conducted interviews and reviewed documents that show Powell again failed to submit a Tribal Application for the Alteration of Aquatic Land or Wetland on the Flathead reservation, before he performed work along Sabine Creek.
In March 2010, the United States Army Corp of Engineers, EPA-CID, and Flathead tribal environmental specialists participated in an on-site inspection of the disturbed wetland area; they described the disturbance of wetland and riparian vegetation as very extensive. The disturbance of the wetland area includes approximately seven different areas in which soil was dredged from the wetland area and side-casted along the trenches into waters of the United States.
U.S. Attorney Mike Cotter lauded the work of EPA-CID, the Army Corps of Engineers and the environmental specialists of the Flathead Tribe, "The cooperative effort by federal and Tribal environmental enforcement agencies in this case resulted in a criminal violation of environmental laws being successfully prosecuted. This kind of prosecution sends the strong message that we will aggressively protect the waters and wetlands of Montana that all of us enjoy and upon which a healthy environment depends."
Kicking Woman Sentenced to High End of Guidelines for Residential BurglaryRead the Press Release
The United States Attorney's Office announced that KYLE KANE KICKING WOMAN, 26, of Browning, Montana, was sentenced to a term of 24 months imprisonment, three years supervised release, and a special assessment of $100 during a federal court hearing in Great Falls, Montana, on April 24, 2014, before U.S. District Judge Brian M. Morris.
KICKING WOMAN was sentenced in connection with his January 8, 2013, guilty plea to burglary. In an Offer of Proof, Assistant U.S. Attorney Ryan Weldon stated it would have proved that KICKING WOMAN and Michael Bad Old Man entered a residence in Browning, Montana. Occupants of the house were sleeping, and KICKING WOMAN and Michael Bad Old Man assaulted the occupants.
At sentencing, Weldon stated, "It is actions like this that destroy an individual's sense of safety and security. Residents on the Blackfeet Indian Reservation and in Montana deserve far better."
The District Court sentenced KICKING WOMAN to 24 months of imprisonment, with three years of supervised release to follow. For the same offense, Michael Bad Old Man was previously sentenced to 27 months imprisonment, with three years of supervised release to follow.
Because there is no parole in the federal system, the truth in sentencing guidelines mandate that KICKING WOMAN will likely serve all of the time imposed by the court. In the federal system, KICKING WOMAN does have the opportunity to shorten the term of custody by earning credit for good behavior. However, this reduction will not exceed 15% of the overall sentence.
This case was investigated by the Federal Bureau of Investigation.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office today announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Strong on April 22, 2014 and entering pleas of Not Guilty were:
- DUSTIN JAY STEELE, a 31-year-old resident of Great Falls, appeared on charges of conspiracy to distribute methamphetamine, possession with intent to distribute methamphetamine, possession of a firearm during a drug crime, possession of a stolen firearm and felon in possession of a firearm. If convicted of the most serious charges contained in the indictment, STEELE faces life imprisonment, $5,000,000 in fines and 5 years supervised release. The case was investigated by the Drug Enforcement Administration, Great Falls Police Department and the Russell Country Drug Task Force. PACER Case Reference: 14-26
Appearing before U.S. Magistrate Lynch in Missoula on April 23, 2014 and entering pleas of Not Guilty were:
- LLOYD NICKLE, a 48-year-old resident of Minot, North Dakota appeared on charges of conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine. If convicted of them most serious charges contained in the indictment, NICKLE faces life imprisonment, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference: 13-23
Appearing before U.S. Magistrate Lynch in Missoula on April 24, 2014 and entering pleas of Not Guilty were:
- BRIAN DAVID BAUER, a 26-year old resident of Missoula, appeared on charges of conspiracy to distribute a controlled substance. If convicted of the most serious charges contained in the indictment, BAUER faces 20 years imprisonment, $1,000,000 in fines and 3 years supervised release. The case was investigated by the Northwest Drug Task Force. PACER Case Reference: 14-23
- JULIA SHANI BENTON, a 30 year-old-resident of Bozeman, appeared on charges of conspiracy to distribute heroin, possession with intent to distribute heroin and distribution of heroin. If convicted of the most serious charges contained in the indictment, BENTON faces 40 years imprisonment, $5,000,000 in fines and 4 years supervised release. The was investigated by the Federal Bureau of Investigation and the Missouri River Drug Task Force. PACER Case Reference: 14-11
- FRANCIS BERCAW, a 63-year-old resident of Roanoke Rapids, North Carolina, appeared on charges of aiding or advising a false tax return. If convicted of the most serious charges contained in the indictment, BERCAW faces 3 years imprisonment, $250,000 in fines and 1 year supervised release. The case was investigated by the IRS - Criminal Investigation Division. PACER Case Reference: 14-07
- CHELLE CAUDLE, a 45-year-old resident of Gaston, North Carolina, appeared on charges of aiding or advising a false tax return. If convicted of the most serious charges contained in the indictment, CAUDLE faces 3 years imprisonment, $250,000 in fines and 1 year supervised release. The case was investigated by the IRS - Criminal Investigation Division. PACER Case Reference: 14-07
- MICHAEL HERBERT JOHNSON, a 26-year-old resident of Missoula, appeared on charges of conspiracy to distribute a controlled substance. If convicted of the most serious charges contained in the indictment, JOHNSON faces 20 years imprisonment, $1,000,000 in fines and 3 years supervised release. The case was investigated by the Northwest Drug Task Force. PACER Case Reference: 14-23
- AUSTIN DAVID LAWRENCE, a 21-year-old resident of Bozeman, appeared on charges of conspiracy to distribute heroin; possession with intent to distribute heroin and distribution of heroin. If convicted of the most serious charges contained in the indictment, LAWRENCE, faces 40 years imprisonment, $5,000,000 in fines and 4 years supervised release. The case was investigated by the Federal Bureau of Investigation and the Missouri River Drug Task Force. PACER Case Reference: 14-12
- TELLY LOPEZ PAYNE, a 37-year-old resident of Bozeman, appeared on charges of conspiracy to distribute heroin, possession with intent to distribute heroin, conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine. If convicted of the most serious charges contained in the indictment, PAYNE faces life imprisonment, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Federal Bureau of Investigation and the Missouri River Drug Task Force. PACER Case Reference: 14-13
- BRANDT JONATHAN MILLER, a 29-year old resident of Missoula, appeared on charges of conspiracy to distribute a controlled substance. If convicted of the most serious charges contained in the indictment, MILLER faces 20 years imprisonment, $1,000,000 in fines and 3 years supervised release. The case was investigated by the Northwest Drug Task Force. PACER Case Reference: 14-23
The indictment is merely a formal charging document. It is not proof of guilt and all persons indicted are presumed to be innocent of any crime until proof of guilt is established by trial or guilty plea.
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 so that you stay current and not miss any important developments in the case.
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.
Glasgow Man Sentenced to Prison for Child Pornography ChargesRead the Press Release
The United States Attorney's Office announced that RONALD HAROLD FIELDS, 53, of Glasgow and Sidney, was sentenced to a term of 160 months imprisonment, 10 years supervised release, and a special assessment of $100 during a federal court hearing in Great Falls, Montana, on April 24, 2014, before U.S. District Judge Brian M. Morris.
FIELDS was sentenced in connection with his January 9, 2014, guilty plea to receipt of child pornography. In an Offer of Proof, Assistant U.S. Attorney Cyndee Peterson stated that in July 2012, the Valley County Sheriff's Office was investigating Defendant Ronald Harold Fields for sex crimes committed against a minor. Fields' Acer Aspire One notebook computer and two Fuji Film SDHC cards were seized and forensically examined. Images of child pornography were located on the computer and SD cards. The images were created between October 1, 2010, and December 17, 2010. As part of the investigation, law enforcement also searched Fields' truck and seized a Casio digital camera. When the camera and its SD care were analyzed, the examiner located child pornography images and a video.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office today announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Strong in Great Falls on April 18, 2014 and entering pleas of Not Guilty were:
- LLIAM MICHAEL LANCASTER, a 31-year-old resident of Louisville, Kentucky, appeared on charges of conspiracy to distribute methamphetamine, possession with intent to distribute methamphetamine and distribution of methamphetamine. If convicted of the most serious charges contained in the indictment, LANCASTER faces 20 years imprisonment, $1,000,000 in fines and 3 years supervised release. The case was investigated by the Missouri River Drug Task Force. PACER Case Reference: 14-03
- SUS PIMENTAL-LOPEZ, 22, appeared on charges of conspiracy to possess with intent to distribute methamphetamine and possession with intent to distribute methamphetamine. If convicted of the most serious charges contained in the indictment, PIMENTAL-LOPEZ faces life imprisonment, $10,000,000 in fines and 5 years supervised release. The case was investigated by Homeland Security Investigations. PACER Case Reference: 13-24
Appearing before U.S. Magistrate Ostby in Billings on April 21, 2014 and entering pleas of Not Guilty were:
- RRY DALE HILL, a 62-year-old resident of Billings, appeared on charges of being a felon in possession of firearms and ammunition. If convicted of the charge contained in the indictment, HILL faces 10 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco and Firearms. PACER Case Reference: 14-45
- DD JAMES NESIUS, a 33-year-old resident of Wheatland, Wyoming, appeared on charges of possession of stolen firearms. If convicted of the charge contained in the indictment, NESIUS faces 10 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco and Firearms. PACER Case Reference: 14-11
Appearing before U.S. Magistrate Ostby in Billings on April 22, 2014 and entering pleas of Not Guilty were:
- VID LEE BARNARD, JR. a 43-year-old resident of Billings appeared on charges of conspiracy to distribute methamphetamine and to possess methamphetamine with intent to distribute, possession with intent to distribute methamphetamine, possession of a firearm in furtherance of a drug trafficking crime, and conspiracy to commit money laundering. If convicted of the most serious charges contained in the indictment, BARNARD faces life imprisonment, $10,000,000 in fines and 5 years imprisonment. The case was investigated by the Federal Bureau of Investigation, FBI Task Force, Eastern Montana HIDTA and Montana Division of Criminal Investigations. PACER Case Reference: 14-38
- VID LEE GOFFENA, a 46-year-old resident of Roundup, appeared on charges of conspiracy to distribute methamphetamine and to possess methamphetamine with intent to distribute, possession with intent to distribute methamphetamine, distribution of methamphetamine, conspiracy to commit money laundering. If convicted of the most serious charges contained in the indictment, GOFFENA faces life imprisonment, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Federal Bureau of Investigation, FBI Task Force, Eastern Montana HIDTA and Montana Division of Criminal Investigations. PACER Case Reference: 14-38
- RSTA ELAINE GOFFENA, a 38-year-old resident of Roundup, appeared on charges of conspiracy to distribute methamphetamine and to possess methamphetamine with intent to distribute, and possession with intent to distribute methamphetamine. If convicted of the most serious charges contained in the indictment, GOFFENA faces life imprisonment, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Federal Bureau of Investigation, FBI Task Force, Eastern Montana HIDTA and Montana Division of Criminal Investigations. PACER Case Reference: 14-38
- RARDO LOPEZ MARTINEZ, a 38-year-old resident of Los Angeles, California, appeared on charges of conspiracy to distribute methamphetamine and to possess methamphetamine with intent to distribute, and possession with intent to distribute methamphetamine. If convicted of the most serious charges contained in the indictment, MARTINEZ faces life imprisonment, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Federal Bureau of Investigation, FBI Task Force, Eastern Montana HIDTA and Montana Division of Criminal Investigations. PACER Case Reference: 14-38
- DY WILLIAM SIMPSON, a 25-year-old resident of Taft, California, appeared on charges of conspiracy to distribute methamphetamine and to possess methamphetamine with intent to distribute, and possession with intent to distribute methamphetamine. If convicted of the most serious charges contained in the indictment, SIMPSON faces life imprisonment, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Federal Bureau of Investigation, FBI Task Force, Eastern Montana HIDTA and Montana Division of Criminal Investigations. PACER Case Reference: 14-38
- RIO ALBERT VILLEGAS, a 32-year-old resident of Los Angeles, California, appeared on charges of conspiracy to distribute methamphetamine and to possess methamphetamine with intent to distribute, and possession with intent to distribute methamphetamine. If convicted of the most serious charges contained in the indictment, VILLEGAS faces life imprisonment, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Federal Bureau of Investigation, FBI Task Force, Eastern Montana HIDTA and Montana Division of Criminal Investigations. PACER Case Reference: 14-38
The indictment is merely a formal charging document. It is not proof of guilt and all persons indicted are presumed to be innocent of any crime until proof of guilt is established by trial or guilty plea.
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 so that you stay current and not miss any important developments in the case.
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.
Bozeman Man Gets 10 Years for Child PornographyRead the Press Release
The United States Attorney's Office announced that on April 17, 2014, MATTHEW RYAN PETTIT, 30, of Bozeman, was sentenced to a term of 120 months' imprisonment and 20 years supervised release by U.S. District Judge Dana L. Christensen, in connection with his January 2014 guilty plea to possession of child pornography.
Assistant U.S. Attorney Cyndee Peterson told the Court in Missoula that that in April of 2012 a Federal Bureau of Investigation ("FBI") Special Agent determined there was an Internet Protocol address ("IP address") offering known child pornography files for download via the Internet. The agent successfully downloaded video files which depicted child pornography. The agent determined the location of the residence-the home of Matthew Pettit-associated with the IP address, and a search warrant was obtained.
On November 15, 2012, officers conducted a search of the Pettit's residence. Several items were seized including a laptop computer belonging to Pettit and a wireless router which he had installed. Forensic analysis of the seized laptop computer revealed that Pettit's laptop contained files depicting child pornography (a visual depiction of a minor engaged in sexually explicit conduct). Peer-to-peer file sharing clients, with whom images are exchanged, were also discovered on the laptop.
Washington Drug Trafficker Sentenced in Montana Federal CourtRead the Press Release
The United States Attorney's Office announced that SYLVIA MARTINEZ, aka SYLVIA LOPEZ, 31, of Kennewick, Washington, was sentenced to a term of 90 months imprisonment, four years supervised release, and a special assessment of $100 during a federal court hearing in Great Falls, Montana, on April 17, 2014, before U.S. District Judge Brian M. Morris.
MARTINEZ was sentenced in connection with her January 22, 2013, guilty plea to conspiracy to possess with the intent to distribute methamphetamine. In an Offer of Proof, Assistant U.S. Attorney Ryan Weldon stated it would have proved that MARTINEZ transported methamphetamine from Washington to Great Falls, Montana. On October 31, 2013, federal agents observed MARTINEZ and others parked at a local hotel. Agents conducted surveillance and watched several members of the conspiracy distribute methamphetamine. After obtaining a federal warrant, authorities searched a hotel and discovered 297.4 grams of pure
The District Court sentenced MARTINEZ to 90 months of imprisonment, with four years of supervised release to follow. Because there is no parole in the federal system, the truth in sentencing guidelines mandate that MARTINEZ will likely serve all of the time imposed by the court. In the federal system, MARTINEZ does have the opportunity to shorten the term of custody by earning credit for good behavior. However, this reduction will not exceed 15% of the overall sentence.
The term pure methamphetamine refers to the purity contained in the transacted amount which is usually "cut" with inert ingredients that make the actual product less pure but more profitable as drugs are generally sold based on quantity not quality.
This case was investigated by the Federal Bureau of Investigation, the United States Probation Office, and local law enforcement agencies.
Missoula Resident Amber Tyler Sentenced for Theft of Government MoneyRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula on April 17, 2014, before U.S. District Judge Dana Christensen, AMBER TYLER, age 31, was sentenced to a term of five years' probation. She was also ordered to pay $23,103 in restitution to the Missoula Housing Authority.
In a sentencing memorandum filed by Assistant U.S. Attorney Chad Spraker, the government described Tyler's conduct as the following:
From April 2006 to January 2012, the defendant, Amber Tyler, repeatedly lied to the Missoula Housing Authority as to whether Kenneth Weber, the father of one of her children, was living with her. Due to Tyler's false statements, the Missoula Housing Authority paid over $23,000 in U.S. Department of Housing and Urban Development (HUD) section 8 housing benefits to which the defendant was not entitled.
Tyler entered the Section 8 program in April 2004. Kenneth Weber began living with her in Missoula in April 2006. Weber, on probation at the time, stated to his probation officer on April 4, 2006, that he was moving in with his girlfriend, Amber. The same day Tyler signed an annual recertification making no indication that Weber was living with her.
Weber's monthly probation reports from April 2006 to September 2011 list the same residence as the defendant's address. In each year from 2006 to 2011 Tyler signed certification forms omitting any mention of Weber's presence or his financial resources. The only exception is a February 2009 "Recertification for Move," where Tyler lists Weber as a source of income but lists him as having a different address. In March 2009, Tyler moved to her current address in Missoula. Weber's probation reports also reflect the move.
On July 28, 2011, Missoula Housing Authority Program Specialist John Ellison wrote Tyler a letter stating that the authority received information that Weber was living in her household. The letter instructed Tyler to add him to the household. It further stated that the authority would use his income to calculate Tyler's rent. Missoula Housing Authority case notes state than on August 4, 2011, "Tenant" replied that "Kenneth Weber does not live there. Visits his child and helps but has his own place."
On January 5, 2012, T.J. Hanes, an agent with Housing and Urban Development's Office of Inspector General and Weber's probation officer, Sandra Fairbank, interviewed Tyler and Weber at their residence. Tyler admitted that Weber had lived with her since 2006. Tyler stated that she did not list Weber as a household member because she believed he would not be allowed to live with her. Tyler also stated that she knew she was required to report all of Weber's income to the housing authority.
Missoula Man Sentenced to Prison for Possession of MethamphetamineRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula on April 17, 2014, before U.S. District Judge Dana L. Christensen, VICTOR ANTHONY SCHWARTZ, of Missoula, was sentenced to a term of 120 months' imprisonment and 5 years supervised release.
Schwartz was sentenced in connection with his January 2014, guilty plea to possession with intent to distribute methamphetamine. In an Offer of Proof filed by Assistant U.S. Attorney Tara Elliott, the government stated that in September 2013, Agents from the DEA received information from Russell County Drug Task Force (RCDTF) Detectives regarding methamphetamine trafficking activities of the defendant. According to the Detectives, an RCDTF Confidential Source (CS) provided information that the CS had purchased
Schwartz and had been present with Schwartz during five meth transactions that had totaled approximately six ounces. Schwartz had informed the CS that he receives large quantities of meth from Mexico and always has it available for sale. Beginning around September 2013, the CS was in contact with Schwartz and negotiated a three ounce meth transaction with Schwartz via telephone calls and text messages.
On September 12, 2013, law enforcement executed a state search warrant on Schwartz's residence in Missoula, Montana. During a search of the residence, a plastic baggie containing more than 50 grams of actual methamphetamine was recovered.
The term pure methamphetamine refers to the purity contained in the transacted amount which is usually "cut" with inert ingredients that make the actual product less pure but more profitable as drugs are generally sold based on quantity not quality.
Minnesota Woman Sentenced for BLM Mining Claim SchemeRead the Press Release
The United States Attorney's Office announced that on April 16, 2014, KIMBERLY ONUMA, of Minneapolis, Minnesota, was sentenced to a term of 18 months' probation by U.S. District Judge Donald W. Molloy, for repeatedly making false statements to the Bureau of Land Management (BLM) over a two year period.
Onuma was sentenced in connection with her January 2014, guilty plea to false writings or statements. Assistant U.S. Attorney Leif Johnson advised the court that Onuma acquired, located, and sold unpatented mining claims on federal land. The claims were recorded with the Bureau of Land Management (BLM) in Montana, Oregon, and California. The BLM acts as a repository of ownership information about mining claims on federal land (including lands managed by other agencies like the U.S. Forest Service).
Between 2008 and 2010, Onuma filed 39 unpatented mining claims on federal land in Montana. In order to maintain the exclusive right to mine on any particular unpatented mining claim, the filer must pay an annual maintenance fee of $140. The BLM will waive that fee for small miners who own fewer than 10 claims.
In August of 2010, Onuma filed seven separate Maintenance Fee Waiver Certifications with the BLM in the Montana State Office. Onuma signed the fee waiver requests as agent for various mining companies that held the 10 or fewer listed mining claims. Each such form contained a notice of potential liability under 18 U.S.C. § 1001 for the filing of false information.
Upon review of the fee waiver requests, BLM informed Onuma's various mining companies that the fee waiver is only available to small miners with fewer than 10 claims, and that related companies and persons are not eligible. BLM requested additional information, including powers of attorney and other documents, to establish that Onuma was legitimately acting as the agent for the unrelated owners of the 39 claims.
Onuma responded on behalf of the companies stating that, aside from owning one of the companies, she was acting as agent for all of the remaining companies holding the various mining claims. To support those assertions, Onuma filed Limited Powers of Attorney (LPOA) from the various mining companies. Each such document purported to contain the notarized signature of the owner of one of the mining companies together with an attached list of mining claims (10 or fewer) that the mining company owned.
During the review process, the BLM heard from one of the purported mining company owners, Judith Scrase, who stated that she did not own the mining company or the claims listed. Further, she stated that she did not sign the power of attorney, and it was forged in her name.
BLM rejected the fee waiver requests on the ground that Onuma owned more than 10 mining claims. In some of the cases, Onuma appealed and reiterated that she did not own more than 10 claims and that she was acting as an agent for various owners who signed powers of attorney allowing her to act as agent. BLM again rejected the fee waivers on the same ground and on the additional ground that all of the claims appeared to be controlled by Onuma because she submitted all of the paperwork, she appeared as "incorporator" on all of the corporate documents for the various "unrelated" companies, and she did not include any information on the various owners who signed the LPOAs.
At the conclusion of the appeal process for the foregoing claims, Onuma filed an additional 30 claims.
The Department of Interior's Office of Inspector General conducted an investigation and found that, consistent with BLM's suspicions, several of the "owners" who signed the powers of attorney for the fee waiver requests denied any involvement in, or ownership of, the companies listed with their names.
Similar fee waiver requests were filed for mining claims in California and Oregon. Many of the same names appear on the LPOAs.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office today announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Strong in Great Falls on April 17, 2014 and entering pleas of Not Guilty were:
- CHARLES PATRICK FREETLY, a 29-year-old resident of Missoula, appeared on charges of a felon in possession of firearms. If convicted of the charge contained in the indictment, FREETLY faces 10 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated by the Federal Bureau of Investigation and Missoula Police Department. PACER Case Reference: 14-07
- JAMES HENRY HERNANDEZ, JR., a 47-year-old resident of Renton, Washington, appeared on charges of conspiracy and making and possessing a counterfeited security of an organization. If convicted of the most serious charges contained in the indictment, HERNANDEZ faces 25 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated by the United States Secret Service and Homeland Security Investigations. PACER Case Reference: 14-02
- KELLY LORRAINE WATTS, a/k/a Kelly Lorraine Emge, a 46-year-old resident of Renton, Washington, appeared on charges of conspiracy to possess a counterfeited security of an organization. If convicted of the charge contained in the indictment, WATTS faces 5 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated by the United States Secret Service and Homeland Security Investigations. PACER Case Reference: 14-01
The indictment is merely a formal charging document. It is not proof of guilt and all persons indicted are presumed to be innocent of any crime until proof of guilt is established by trial or guilty plea.
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 so that you stay current and not miss any important developments in the case.
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.
Drug Violations Draw Prison Term for Billings WomanRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula on April 16, 2014, before U.S. District Judge Donald W. Molloy, MARY ROSE DAY, 31, of Billings, was sentenced to a term of 60 months' imprisonment and 5 years supervised release.
Day was sentenced in connection with her January 2014, guilty plea to possession with intent to distribute methamphetamine. In an Offer of Proof filed by Assistant U.S. Attorney Lori Suek, the government stated that in 2009, Day was convicted of distribution of dangerous drugs in Hill County. Day was on state supervision when she came to the attention of the Billings drug task force through the state probation and parole office during the spring of 2012.
On April 4, 2012, the drug task force was contacted by State probation and parole for assistance. Probation and parole were looking for a parolee, because they had a warrant for her arrest. At the house, officers found Day as well as others. In the house were multiple items of drug distribution and drug use - mirrors with residue, new small baggies, a digital scale, and syringes. Parole officers looked at Day's cell phone and read text messages that referenced illegal drug activity.
Again, on April 23, 2012, state probation and parole found Day in possession of drugs and paraphernalia. Day was arrested on new state drug charges and probation violations. She bonded out at some point before May 11, 2012.
On May 11, 2012, Deputy U.S. Marshals were assisting State probation and parole conduct a parole search of Day. Day was located at an apartment in Billings. The deputies were concerned that Day would try to escape out of a window of the apartment and, consequently, they positioned themselves around the apartment in the event that Day did attempt an escape. After the probation officers knocked on the door of the apartment and identified themselves, one of the deputies saw a female hand throw something out of the bathroom window into the window well. Day was the only female in the house. The plastic bag that Day threw out the window contained over 8 grams of actual methamphetamine (88% pure). Day also threw three pipes and a torch head out of the window with the methamphetamine. Also recovered were a scale, cash, and cell phones containing text messages referencing illegal drug activity.
The term pure methamphetamine refers to the purity contained in the transacted amount which is usually "cut" with inert ingredients that make the actual product less pure but more profitable as drugs are generally sold based on quantity not quality.
Billings Woman Sentenced to Prison for Drug ViolationsRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula on April 16, 2014, before U.S. District Judge Donald W. Molloy, KIMBERLY ANN DAHL, 33, of Billings, was sentenced to a term of 66 months' imprisonment and 5 years supervised release.
Dahl was sentenced in connection with her January 2014, guilty plea to possession with intent to distribute methamphetamine. In an Offer of Proof filed by Assistant U.S. Attorney Lori Suek, the government stated that on August 20, 2013, agents with the Billings drug task force were contacted by Montana State probation and parole regarding the defendant. Probation officers were at the defendant's home when, during a probation search, they located 24 individually packaged bags of methamphetamine (660.7 grams of actual meth) under the defendant's bed in her bedroom. The defendant was arrested on a probation violation.
On August 21, 2013, agents with the Billings drug task force went to the jail to interview the defendant. She provided a statement about how she acquired the methamphetamine under
She identified and explained how she met the individual that arranged for the methamphetamine, found under her bed, to be driven from California to Billings for resale. The defendant stored the methamphetamine under her bed - she agreed to do so until it was sold. The defendant would provide an ounce of methamphetamine at a time to the seller. In addition, on a couple of occasions, the defendant found customers for the methamphetamine and arranged the sales.
The term pure methamphetamine refers to the purity contained in the transacted amount which is usually "cut" with inert ingredients that make the actual product less pure but more profitable as drugs are generally sold based on quantity not quality.
Tye Albright Sentenced to Prison for Drug ChargesRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings on March 27, 2014 before U.S. District Judge Susan Watters, TYE DUSTIN ALBRIGHT was sentenced to 180 months imprisonment and 5 years supervised release.
The sentence is in connection with Albright's November 2013 guilty plea to conspiracy to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Lori Suek, the government stated that on November 4, 2011, the drug task force in Billings conducted a controlled buy of methamphetamine with a confidential informant. That buy led to the identification of the source of the methamphetamine.
On November 8, 2011 and December 30, 2011, the task force in Billings bought 2 ounces of meth from the identified source. On January 2, 2012, the source was interviewed and his house was searched. He admitted selling meth for the last year. He admitted that his source is in Denver and he obtained 20-30 pounds of methamphetamine that he sold in Billings. Law enforcement seized over 5 pounds of methamphetamine from the source's house. The source's girlfriend and confidential information corroborate the source's statements.
On October 2, 2012, a controlled purchase of methamphetamine was made from an individual that drove to the defendant's home during the deal to obtain the methamphetamine purchased. Drug task force officers surveilled the transaction.
On October 9, 2012, a search warrant was executed at the defendant's house. Task force officers seized seven grams of pure methamphetamine as well as cash and drug paraphernalia.
After the source was charged with federal drug crimes and pleaded guilty, the source was interviewed and identified one of his main Billings customers as the defendant, Tye Albright. The source estimated that he supplied Albright with 30 pounds of methamphetamine up to the time of the source's arrest, in January 2012.
The term pure methamphetamine refers to the purity contained in the transacted amount which is usually "cut" with inert ingredients that make the actual product less pure but more profitable as drugs are generally sold based on quantity not quality.
Todd Franklin Sentenced to Prison for Drug ChargesRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula on March 26, 2014 before U.S. District Judge Donald Molloy, TODD SEAN FRANKLIN was sentenced to 121 months imprisonment and 5 years supervised release.
The sentence is in connection with Franklin's December 2013 guilty plea to conspiracy to distribute methamphetamine. In an Offer of Proof filed by Assistant U.S. Attorney Tara Elliott, the government stated that between May of 2007 and May of 2011, investigators of Lincoln County and the Northwest Drug Task Force (NWDTF), in an undercover capacity, made several purchases of both methamphetamine and marijuana from the defendant, Todd Sean Franklin.
During the week of January 5, 2013, Detectives were contacted by a confidential informant (CI). The CI advised detectives that Franklin told the CI that Franklin was selling methamphetamine and that he was obtaining the methamphetamine from an individual in the Sandpoint, Idaho area. On January 16, 2013, agents received the criminal history, vehicle registrations, and driver's license status checks for Franklin. The records check of Franklin's driver's license status indicated that his privileges were suspended. A records check of vehicles registered to Franklin indicates that he owns a 1990 GMC truck, bearing Montana license plate 719793A, registered in Flathead County. On January 15, 2013, agents contacted Montana Probation and Parole. The Probation and Parole Officer confirmed that Franklin is currently on Probation with the Montana Department of Corrections for Felony Distribution of Dangerous Drugs and Felony Possession of Dangerous Drugs.
Detectives were again contacted by the CI the week of January 13, 2013. The CI told detectives Franklin told the CI that Franklin would be traveling to Sandpoint within the next few days in order to purchase more methamphetamine.
On January 17, 2013, agents received a Montana District Court Search Warrant to affix a tracking device to Franklin's 1990 GMC truck. On January 18, 2013, agents affixed a GPS tracking device to Franklin's truck.
On January 30, 2013, the GPS tracker indicated that Franklin's truck traveled through Libby, Montana and stopped in Sandpoint, Idaho.
On January 31, 2013, agents were able to determine that the GPS tracking device located on Franklin's truck traveled from Sandpoint, Idaho north to Highway 2 and eastbound through Libby, Montana en route to Kalispell, Montana. Agents observed Franklin operating his truck and arranged to have marked patrol units conduct a traffic stop on Franklin due to the fact his driving privileges are suspended by the state of Montana. Franklin, as part of his probation with Montana DOC, cannot travel out of state without the permission of his probation officer.
Franklin did not have permission to leave the State of Montana. Patrol units conducted a traffic stop on Franklin's truck. When Franklin was ordered to exit the vehicle, Franklin refused the officers commands and started driving eastbound toward Kalispell, Montana at a high rate of speed. Once officers were able to stop Franklin's truck he was arrested and detained at the Flathead County Detention Facility. Franklin's truck was secured and towed to the Flathead County SWAT barn and secured with evidence tape.
Agents applied for and received search warrants from a Montana District Court for Franklin's residence and vehicles. Pursuant to the search detectives located several plastic bags each containing a quantity of suspected methamphetamine from the bed portion of the truck. A lab report indicated that the pure methamphetamine weighed in excess of 50 grams.
Steven Munson Sentenced for EmbezzlementRead the Press Release
The United States Attorney's Office announced that during a federal court session in Helena on March 24, 2014 before U.S. District Judge Sam Haddon, STEVEN C. MUNSON was sentenced to 5 years' probation and $74,249.19 in restitution.
The sentence is in connection with Munson's November 213 guilty plea to embezzlement from an employee benefit plan. In an Offer of Proof filed by Assistant U.S. Attorney Timothy J. Racicot, the government stated that during the time period relevant to the charges in the Indictment, Munson was the sole owner of DDCS Express, Inc., a postal service provider based in Bozeman. DDCS operated mail routes pursuant to contracts with the U.S. Postal Service ("USPS"). DDCS sponsored an employee benefit plan - the DDCS Express, Inc. 401(k) Plan. The Plan was defined by ERISA as an employee benefit plan. DDCS was the Plan's administrator and sponsor and Munson was the Plan's trustee. The Plan allowed employees to make voluntary contributions through salary deductions. In addition, the Plan was to receive fringe benefit contributions from the USPS contracts, as each contract expressly required that DDCS make fringe benefit payments to each employee for all hours worked. The Plan was previously administered by Montana Pension Administration, Inc., and American Funds was the Plan's previous record-keeper, but both entities resigned in 2008 due to DDCS's deficient performance.
On July 16, 2010, the Employee Benefits Security Administration ("EBSA") received a complaint from a DDCS employee that Munson had not deposited the required amounts into the Plan and had not filed the required reports disclosing the financial conditions of the Plan. The EBSA opened an investigation and determined Munson did not make any deposits into the Plan from January 2007 through June 2010. He also failed to pay his employees all of the fringe benefits due and owing and eventually liquidated the 401(k) plan but did not return the remaining funds to his employees. The total amount of loss attributable to Munson's conduct is approximately $70,770.52, which is broken down as follows: $2,652.25 in unpaid contributions to the Plan, $46,219.28 in unpaid fringe benefits, and $21,898.99 in funds removed from the liquidated Plan account and not remitted to employees.
During the same period of time that he failed to fund and manage the Plan, Munson paid himself considerable sums of money. He wrote himself approximately $744,000 in company checks during the relevant time period.
Oregon Man Sentenced to Prison for Methamphetamine ChargesRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula on March 28, 2014 before U.S. District Judge Donald Molloy, SHANNON LEROY RAMSLAND, 34, of Aloha, Oregon was sentenced to 188 months imprisonment and 5 years supervised release.
The sentence is in connection with Ramsland's December 2013 guilty plea to possession with intent to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Bryan Whittaker, the government stated that on or about May 29, 2013, a Helena Police Detective was at the Town Pump gas station in East Helena, Montana when he observed a white Ford F350 truck in the parking lot. At the time, the detective was driving an unmarked vehicle. The detective observed who he believed to be Ramsland who had an active warrant for his arrest from Oregon. The detective called in the license plate number on the truck and confirmed that it was Ramsland.
The detective continued to watch Ramsland and the truck as it left the gas station and headed west on Highway 12 toward Helena. The detective called for backup because previous interaction with law enforcement indicated Ramsland carried a gun with him and was known to go to lengths to evade apprehension by authorities.
The detective followed Ramsland's truck while he was waiting for backup. At one point he lost sight of the truck, but reacquired it as he observed it turning on Rimini Road. Two other deputies arrived and then attempted to make a traffic stop. The truck then began heading westbound on Highway 12 at a high rate of speed reaching 80 MPH. Ramsland was swerving back and forth between the two lanes as he headed up MacDonald Pass. He then suddenly turned in to the scenic turnout, turned around, and headed back down the pass traveling eastbound. He again accelerated to speeds over 80 MPH. Deputies deployed a spike strip, but Ramsland drove into the opposite lane of traffic to avoid hitting the spike strip. As he approached the bottom of the pass, again near Rimini Road, numerous law enforcement vehicles were at this intersection. Ramsland almost caused a head on collision with a patrol car as he turned off Highway 12 and up Rimini Road. Rimini Road is a dirt/gravel road with a speed limit of 35 MPH. Ramsland accelerated to 80 MPH. As he reached the Minnehaha turnoff, he slowed slightly to attempt to make the turn, but he lost control of his truck and crashed into the bridge guardrail.
Deputies blocked the truck in and ordered Ramsland out of the truck. He complied as was taken into custody.
A search warrant was issued in the Montana First Judicial District Court to be executed on Ramsland's 2000 White Ford F-350 being driven by Ramsland. The following day, agents searched the truck. Inside the truck were several bags on the rear driver's side passenger seat. Inside one of these bags was a green Tupperware style container and another zippered pouch. Inside of the zippered pouch was a nearly full large sized zip-lock style bag of a crystallized substance. There was also a second zip-lock bag with a single piece of the crystallized substance. Furthermore, there was a silver and purple colored AWS brand digital scale (with crystallized residue). Inside the Tupperware container was a third zip-lock bag with a much smaller amount of the crystallized substance, an empty zip-lock bag, a glass pipe with residue (commonly used to smoke meth) and various packaged cold medicines.
Oregon Man Sentenced for Illegal Possession of FirearmsRead the Press Release
The United States Attorney's Office announced that during a federal court session in Helena on March 24, 2014 before U.S. District Judge Sam Haddon, CHRISTOPHER ROBERT LAWRENCE was sentenced to 180 months imprisonment and 5 years supervised release.
The sentence is in connection with Lawrence's December 2013 guilty plea to being a felon in possession of firearms. In an Offer of Proof filed by Assistant U.S. Attorney Paulette L. Stewart, the government stated that On October 16, 2009, Christopher Robert Lawrence, a convicted felon who absconded from Oregon state supervision, possessed three firearms in Bozeman, Montana. Lawrence is believed to be an Armed Career Criminal due to prior, Oregon convictions for burglary and robbery.
On October 16, 2009, a hotel employee turned over a Derringer handgun to the Bozeman Police Chief and Deputy Chief, who were having lunch at the Grantree Hotel restaurant. The employee explained that the handgun was recovered from the business center after a male and female staying at the hotel left the business center in Bozeman, Montana. The employee provided the room number to officers. The officers went to the room. After knocking and announcing themselves, the officers heard voices and shuffling. One officer observed a man (Lawrence) exit the room through the window, run to a nearby vehicle, and drive quickly away.
Upon further investigation and search warrant execution, officers recovered two more handguns from the hotel room. The Ruger 9mm pistol was located in a night stand near with window that Lawrence walked out of. Officers also located a few partial boxes of 9mm ammunition. At the time, the female claimed ownership and possession of all three handguns.
The female later provided a statement in August of 2012 detailing her involvement with Lawrence and his possession of the three firearms and 9mm ammunition in this case. Lawrence lived with her during the summer of 2009. She knew he was a convicted felon who could not have firearm. Both of them were using heroin. Lawrence was obsessed with her two firearms - the Smith and Wesson and the .38 caliber revolver. She purchased the Ruger 9mm for Lawrence. He took her to the convenience store, told her to fill out the form, and buy the gun. She did as she was told although they already had two guns. The female dropped the derringer in the hotel. The derringer was in her pocket because Lawrence wanted the firearm near him. When Lawrence saw the police, he stepped back into the hotel room, placed the firearm in the night stand, and stepped out of the window again. She originally placed all three of the firearms in the room safe. Lawrence did have the combination to the safe and had access to all of the firearms.
Lawrence also provided a statement in November 2012. Lawrence admitted his relationship with the female during the summer of 2009. He acknowledged that he was messed up on heroin during that time - he used heroin during the time of the road trip with her, and he used every day until he was caught by the police and sent to prison.
Lawrence further stated that when the police came into his Bozeman hotel room that he walked out the window and ran. He went to a nearby Lowe's store, called the female, and asked her to pick him up. He admitted to touching the ammunition, but would not answer the question if he purchased any of the ammunition. Lawrence denied touching or possessing any of the firearms.
Matilda Butts Sentenced for Misappropriation of Postal FundsRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula on March 26, 2014, before U.S. District Judge Donald Molloy, MATILDA BUTTS was sentenced to 2 years' probation with 3 months house arrest and $13,731.97 in restitution.
Butts was sentenced in connection with her December 2013 guilty plea to misappropriation of postal funds. In an Offer of Proof filed by Assistant U.S. Attorney Timothy J. Racicot, Butts began working for the Eureka Post Office as a mail clerk in December, 2008. During her career, she served as an Officer in Charge and Postmaster at several other offices as well. Pertinent to this case, Butts served as Postmaster for the Eureka Post Office from November 10, 2007, through July 23, 2010.
On September 10, 2010, the United States Postal Service Office of Inspector General ("USPS OIG") received notice of several financial irregularities regarding bulk-mail transactions that were never processed at the Eureka Post Office. Further investigation revealed that Butts failed to document certain permit mailing operations, ignored process controls, failed to enter bulk-mailing transactions into the required computer programs, and improperly stored money order and check payments in her desk.
Specifically, the USPS OIG discovered a Daily Financial Report from May 15, 2009, indicating that Butts failed to properly credit a money order, bulk-mailing payment in the amount of $534.58, which had been received from a local business that regularly paid for bulk mail using non-postal money orders. Butts used the money to buy $534.58 in stamp stock and postal supplies for herself.
When dealing with other money orders provided by the local business referenced in the preceding paragraph, Butts would either record them as being payments for stamps, which she would then take for herself, or record them as Eureka Post Office deposits, in which case she would steal the equivalent amount in cash from the Post Office. On other occasions, Butts would record personal checks or Postal Service money orders as deposits, again, stealing the equivalent amount in cash.
On November 15, 2012, agents from the USPS OIG conducted a non-custodial interview of Butts at her residence in Fortine, Montana. During the interview, Butts admitted to embezzling Postal Service funds and explained how and why she did it. She also informed the agents that she used some of the money to pay higher wages to a "casual" Postal Service employee ("casual" means a temporary postal employee who works at will, has no union rights, has no set position or usual duties, and receives no benefits other than pay). Butts also executed a handwritten, sworn statement in which she discussed how much money she had embezzled from the Eureka Post Office. Butts stole approximately $13,731.97 in cash, stamps, postal products, and services between January 30, 2009 and July 19, 2010. The final analysis showed that Butts failed to properly record at least 28 bulk mailing transactions.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office today announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Strong in Great Falls on April 4, 2014 and entering pleas of Not Guilty were:
- MELINDA MONDRAGON-PATALEON, a 41-year-old resident of Las Vegas, Nevada, appeared on charges of conspiracy to possess with intent to distribute methamphetamine and use of a communication facility to commit a drug felony. If convicted of the most serious charge contained in the indictment, MONDRAGON-PATALEON faces 20 years imprisonment, $1,000,000 in fines and 3 years supervised release. The case was investigated by the United States Postal Service. PACER Case Reference: 13-71
Appearing before U.S. Magistrate Ostby in Billings on April 8, 2014 and entering pleas of Not Guilty were:
- KEVIN R. CRISWELL, a 31-year-old resident of Libby, appeared on charges of conspiracy to acquire a controlled substance by forgery, fraud, deception or subterfuge. If convicted of the most serious charge in the indictment, CRISWELL faces 4 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated by the Drug Enforcement Administration. PACER Case Reference: 14-36
- BRANDON JAYJOSEPH WHITE, a 24-year-old resident of Billings, appeared on charges of conspiracy to possess a controlled substance with intent to distribute and possession with intent to distribute methamphetamine. If convicted of the most serious charge contained in the indictment, WHITE faces life imprisonment, $10,000,000 in fines and 5 years supervised release. The prosecution is part of Project Safe Bakken, a cooperative effort between federal and state prosecutors and federal, state, local, and tribal law enforcement agencies in Montana and North Dakota. The investigation was conducted by the Drug Enforcement Administration, Federal Bureau of Investigation, Bureau of Alcohol, Tobacco and Firearms and the Montana Division of Criminal Investigation. PACER Case Reference: 13-91
Appearing before U.S. Magistrate Strong in Great Falls on April 8, 2014 and entering pleas of Not Guilty were:
- DALE YURKOVIC, a 61-year-old resident from Las Vegas, Nevada, appeared on charges of wire fraud and money laundering. If convicted of the most serious charge contained in the indictment, YURKOVIC faces 20 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service. PACER Case Reference: 14-13
Appearing before U.S. Magistrate Strong in Great Falls on April 9, 2014 and entering pleas of Not Guilty were:
- SCOBEY BAKER, a 37 year-old-resident of Wolf Point, appeared on charges of aggravated sexual abuse and kidnaping. If convicted of the most serious charge in the indictment, BAKER faces life imprisonment, $250,000 in fines and 5 years supervised release. The case was investigated by the Federal Bureau of Investigation and Fort Peck Tribes Department of Law and Justice. PACER Case Reference: 14-27
- DAVID V. CHASER, a 39-year-old resident of Wolf Point, appeared on charges of possession with intent to distribute methamphetamine. If convicted of the most serious charge in the indictment, CHASER faces 20 years imprisonment, $1,000,000 in fines and 3 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference: 14-28
Appearing before U.S. Magistrate Lynch in Missoula on April 10, 2014 and entering pleas of Not Guilty were:
- DAVID ERIC JACOBS, a 34-year-old resident of Missoula, appeared on charges of felon in possession and counterfeiting/forgery. If convicted of the most serious charge contained in the indictment, JACOBS faces 20 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated by the United States Secret Service and the Bureau of Alcohol, Tobacco and Firearms. PACER Case Reference: 13-17
Appearing before U.S. Magistrate Ostby in Billings on April 11, 2014 and entering pleas of Not Guilty were:
- EUGENIA ANN ROWLAND, a 41-year-old resident of Rapid City, South Dakota, appeared on charges of second degree murder. If convicted of the charge in the indictment, ROWLAND faces life imprisonment, $250,000 in fines and 5 years supervised release. The case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs. PACER Case Reference: 14-27
Appearing before U.S. Magistrate Strong in Great Falls on April 14, 2014 and entering pleas of Not Guilty were:
- MARK JOHN WEATHERWAX, a 44-year-old resident of Browning, appeared on charges of aggravated sexual abuse, attempted aggravated sexual abuse and assault. If convicted of the most serious charges in the indictment, WEATHERWAX faces life imprisonment $250,000 in fines and 5 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference: 14-03
Appearing before U.S. Magistrate Ostby in Billings on April 16, 2014 and entering pleas of Not Guilty were:
- DAVID ALLEN DARSOW, a 47-year-old resident of Billings, appeared on charges of unlawful possession of a machine gun. If convicted of the charge in the indictment, DARSOW faces 10 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco and Firearms. PACER Case Reference: 14-30
The indictment is merely a formal charging document. It is not proof of guilt and all persons indicted are presumed to be innocent of any crime until proof of guilt is established by trial or guilty plea.
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 so that you stay current and not miss any important developments in the case.
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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Derek Rhinehart Sentenced to Prison for Drug ChargesRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings on March 27, 2014 before U.S. District Judge Susan Watters, DEREK DEFOREST RHINEHART was sentenced to 60 months imprisonment and 5 years supervised release for possession of methamphetamine with intent to distribute.
The prosecution was part of Project Safe Bakken, a cooperative effort between federal and state prosecutors and federal, state, local, and tribal law enforcement agencies in Montana and North Dakota.
In an Offer of Proof filed by Assistant U.S. Attorney Joseph Thaggard, the government stated that between October 2012 and late March 2013, Tomas Alvarado and Eliseo Martinez conspired to distribute and did, in fact, distribute, large quantities of methamphetamine in Billings, Montana and other areas in Eastern Montana, including the Bakken oil fields. The distribution of methamphetamine pursuant to that conspiracy ended on or March 11-12, 2013,
Alvarado and Martinez were arrested on federal drug trafficking charges, although the conspiracy continued for a period of time.
Alvarado and Martinez used a number of subordinates to distribute the methamphetamine. The Defendant was one such subordinate.
Alvarado has stated he fronted multiple pounds of methamphetamine to the Defendant for distribution.
On August 26, 2013, the Defendant was arrested in connection with this indictment. Following his arrest, the Defendant was provided a Miranda warning and agreed to speak to members of an FBI Task Force regarding the crimes charged in the indictment.
The Defendant admitted that met Alvarado near the end of 2012 and was recruited to sell methamphetamine for Alvarado.
The Defendant stated that, over the period of time that preceded Alvarado's arrest in March 2013, he received approximately 16 ounces of methamphetamine from Alvarado. The Defendant stated the methamphetamine was "fronted" (provided on credit) to him and that he distributed methamphetamine in Billings and Colstrip, Montana from the amounts of the drug provided to him by Alvarado.
The term pure methamphetamine refers to the purity contained in the transacted amount which is usually "cut" with inert ingredients that make the actual product less pure but more profitable as drugs are generally sold based on quantity not quality.
Billings Woman Gets Two Years for Role in Meth Conspiracy Karrie Marie StoltenbergRead the Press Release
The United States Attorney's Office announced that on April 3, 2014, before U.S. District Judge Susan P. Watters, Karrie Marie Stoltenberg, a 40 year-old resident of Billings, Montana, was sentenced to a term of 24 months imprisonment, three years supervised release, and a $100 special assessment. Stoltenberg was sentenced in connection with her guilty plea to conspiracy to possess with intent to distribute methamphetamine.
Assistant U.S. Attorney Brendan McCarthy, during the course of an investigation into the sales of methamphetamine by J.S. and H.R. in the Billings, Montana area, agents learned that J.S. had kept a safe containing methamphetamine at the Billings Heights residence of Karrie Marie Stoltenberg. Agents confirmed through multiple sources that Stoltenberg allowed J.S. to keep the safe at her house from October to November of 2012. Agents also confirmed that Stoltenberg knew that the safe contained methamphetamine. A cooperating witness admitted that she stole the safe from Stoltenberg's residence in November of 2012, and the safe contained less than a pound of methamphetamine.
Assault on A Federal Officer Draws Prison Time for Crow Agency ManRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings on March 27, 2014, before U.S. District Judge Susan Watters, CHARLES JOSEPH WALKS was sentenced to a term of 51 months imprisonment, 3 years of supervised release and $100 special assessment.
Walks was sentenced in connection with his December 2013 guilty plea to assault on a federal officer. In an Offer of Proof filed by Assistant U.S. Attorney Lori Suek, the government stated that on August 25, 2012, the defendant had been drinking alcohol and drove to a home in Lodge Grass to see an individual that had filed a complaint with the local police department against the defendant four days earlier.
When the defendant arrived at the residence, the defendant was told to leave and the police were called. The victim, a Bureau of Indian Affairs police officer, responded with lights and sirens activated. Almost immediately upon arriving at the scene, the victim was attacked by the defendant and, during the assault, the victim's knee was twisted under his body. The victim suffered a torn meniscus, a torn anterior cruciate ligament, and the victim had to undergo surgery to repair the damage. He was put on seven months of light duty.
On April 4, 2013, the defendant was interviewed. He admitted that something happened with the officer but that he could not provide any specific details because of his alcohol consumption and claimed that he blacked out and woke up in jail.
Devan Kelly Sentenced to 7 Years in Prison for Distribution of Methamphetamine in LewistownRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on March 31, 2014, before U.S. District Judge Brian M. Morris, DEVAN CLINTON KELLY, 27, of Brusett, Montana, was sentenced to a term of 84 months' imprisonment, five years of supervised release, and a special assessment of $100.
Kelly was sentenced in connection with his December 19, 2013, guilty plea to distribution of methamphetamine. In an Offer of Proof filed by Assistant U.S. Attorney Jessica Betley, the government stated it would have proved that beginning in January 2013, undercover agents began to buy methamphetamine from Devan Kelly. These sales progressed, and in April, agents inquired into whether Kelly would sell them a pound of methamphetamine. Kelly agreed to sell a pound of methamphetamine for $23,000.00. Kelly and the agents then agreed the sale would take place in Lewistown, Montana, on April 29, 2013. The sale took place, and Kelly gave undercover agents the pound of methamphetamine. This methamphetamine was tested and the laboratory concluded it was 99.5% pure and contained 439.0 grams of actual methamphetamine.
This investigation was conducted by the FBI Violent Crimes Task Force.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office today announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Ostby in Billings on March 31, 2014 and entering pleas of Not Guilty were:
- MARQUIS DELAFEVETTE DAVIS, a 33 year-old resident of Billings, appeared on charges of felon in possession of a firearm. If convicted of the charge contained in the indictment, DAVIS faces 10 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco and Firearms. PACER Case Reference: 14-33
- STEVEN DOUGLAS FOURSTAR, a 46-year-old resident of Shepard, appeared on charges of unlawful purchase of ephedrine base and pseudoephedrine. If convicted of the most serious charge contained in the indictment, FOURSTAR faces 1 year imprisonment and $1,000 in fines. The case was investigated by the Drug Enforcement Administration. PACER Case Reference: 14-25
- DANIEL JOSEPH HARPOLD, a 39-year-old resident of Billings, appeared on charges of possession of a firearm with an obliterated serial number and possession of a sawed-off firearm. If convicted of the most serious charge contained in the indictment, HARPOLD faces 10 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco and Firearm. PACER Case Reference: 14-31
Appearing before U.S. Magistrate Lynch in Missoula on April 1, 2014 and entering pleas of Not Guilty were:
- CHARLES DOUGLAS MYERS, a 29-year-old resident of Bozeman, appeared on charges of felon in possession of a firearm and possession of a stolen firearm. If convicted of the most serious charge in the indictment, MYERS faces 10 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco and Firearms. PACER Case Reference: 14-06
Appearing before U.S. Magistrate Strong in Great Falls on April 1, 2014 and entering please of Not Guilty were:
- TIMOTHY SEAN COLEMAN, a 43-year-old resident from Walla Walla, Washington, appeared on charges of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute methamphetamine and distribution of methamphetamine. If convicted of the most serious charge contained in the indictment, COLEMAN faces life imprisonment, $10,000,000 in fines and 5 years supervised release. The case was investigated by Homeland Security Investigations. PACER Case Reference: 13-103
Appearing before U.S. Magistrate Strong in Great Falls on April 2, 2014 and entering pleas of Not Guilty were:
- ELAINE FASTHORSE, a 30 year-old-resident of Poplar, appeared on charges of assault with a dangerous weapon and kidnaping. If convicted of the most serious charge in the indictment, FASTHORSE faces life imprisonment, $250,000 in fines and 5 years supervised release. The case was investigated by the Federal Bureau of Investigation and Fort Peck Tribes Department of Law and Justice. PACER Case Reference: 14-15
- JEANETTE PAYNE, a 27-year-old resident of Wolf Point, appeared on charges of distribution of methamphetamine, distribution of methamphetamine in the presence of a minor and felony child abuse and neglect. If convicted of the most serious charges in the indictment, PAYNE faces 20 years imprisonment, $1,000,000 in fines and 3 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference: 14-20
Appearing before U.S. Magistrate Ostby in Billings on April 2, 2014 and entering pleas of Not Guilty were:
- SHAWN ALLEN CASSIDY, a 34-year-old transient, appeared on charges of incest and aggravated sexual abuse. If convicted of the most serious charge contained in the indictment, CASSIDY faces life imprisonment, $250,000 in fines and 5 years supervised
The case was investigated by the Federal Bureau of Investigation. PACER Case Reference: 12-93
- ERIC BLAINE SIMPSON, a 48-year-old resident of Billings, appeared on charges of felon in possession of firearms, possession of a firearm with obliterated serial number and possession of unregistered firearms. If convicted of the most serious charges contained in the indictment, SIMPSON faces 10 years imprison, $250,000 in fines and 3 years supervised release. PACER Case Reference: 14-31
- GARRETT SIDNEY WADDA, a 35-year-old transient, appeared on charges of first degree murder and aggravated sexual abuse. If convicted of the most serious charge contained in the indictment, WADDA faces life imprisonment, $250,000 in fines and 5 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference: 14-27
The indictment is merely a formal charging document. It is not proof of guilt and all persons indicted are presumed to be innocent of any crime until proof of guilt is established by trial or guilty plea.
The U.S. Attorney's Office is currently transitioning its media program to new media contacts. Resources and this transition may affect the amount of information the office can process and disclose in a timely manner. Therefore, 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 so that you stay current and not miss any important developments in the case.
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.
Belcourt Pleads Guilty to Bribery and EmbezzlementRead the Press Release
The United States Attorney's Office announced that Tony James Belcourt, the former Chief Executive Officer of the Chippewa Cree Construction Corporation entered pleas today in four of the six indictments handed down by the Grand Jury charging him with wide-ranging public corruption. Belcourt is also a former member of the Chippewa Cree Tribal Business Council and a former member of the Montana State House of Representatives from Box Elder. Belcourt appeared before U.S. District Judge Brian Morris in Great Falls to enter the guilty pleas.
Belcourt pled guilty to embezzlement in one count of United States v. Belcourt, et al, CR-13-39-GF-BMM which alleged the embezzlement of over $300,000, in the first half of 2010, using a pipe shipping contract that more than doubled the actual cost of shipping. Additional details can be found in the government's extensive Offer of Proof filed with the Court with that case number and accessible through PACER.
Belcourt also pled guilty to bribery in United States v. Belcourt, et al, CR-13-82-GF-BMM which alleged that in November 2009 he accepted a $100,000 payment from Hunter Burns Construction, a company awarded a $1.7 million construction contract four months after the payment to Belcourt. Additional details can be found in the government's Offer of Proof filed with the Court with that cause number and accessible through PACER.
In a separate hearing earlier in the day before Judge Morris, Hunter Burns and Hunter Burns Construction, LLC, each pled guilty to conspiracy to file false claims in United States v. Belcourt, et al, CR-13-99-GF-BMM which alleged that four months later, in April 2010, Hunter Burns Construction made a $100,000 false claim to the Chippewa Cree Construction Corporation and against federal project funds based on mobilization costs that had not been incurred. Additional details can be found in the government's Offer of Proof filed with the Court with that case number and accessible through PACER.
Belcourt also pled guilty to bribery in United States v. Belcourt, et al, CR-13-98-GF-BMM which alleged that he accepted a $300,000 payment from K & N Consulting, a company doing business with the Chippewa Cree Tribe after the floods of 2010. Belcourt served as the Tribe's Emergency Incident Commander and awarded insurance and FEMA contracts in connection with the recovery and reconstruction efforts after the flooding. Additional details can be found in the government's Offer of Proof filed with the Court and accessible through PACER.
Belcourt also pled guilty to bribery in United States v. Belcourt, CR-14-17-GF-BMM which alleged that Belcourt committed tax fraud in the filing of his 2009 tax return which failed to disclose $135,000 in income received by Belcourt and his wife that year. The Offer of Proof for case number CR-13-82 contains the details.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office and the Occupational Safety and Health Administration (OSHA) today announced that the person and corporations listed below were arraigned before the U.S. Magistrate on the Information filed in U.S. District Court.
Appearing before U.S. Magistrate Judge Lynch in Missoula on April 1, 2014 and entering pleas of Not Guilty were:
- rtin Romano, President and Registered Agent of MR Asphalt, Inc. located in Victor, MT, appeared on charges of violation of safety standard causing death of an employee. If convicted of the charge contained in the Information, ROMANO faces up to 6 months imprisonment, and a $10,000 fine. PACER Case Reference: 14-05
- Asphalt, Inc. appeared through its registered agent on charges of violation of safety standard causing death of an employee. If convicted of the charge contained in the Information, MR Asphalt, Inc. faces a maximum penalty of a $500,000 fine. PACER Case Reference: 14-05
The Information is merely a formal charging document. It is not proof of guilt and all persons indicted are presumed to be innocent of any crime until proof of guilt is established by trial or guilty plea.
The U.S. Attorney's Office is currently transitioning its media program to new media contacts. Resources and this transition may affect the amount of information the office can process and
Therefore, 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 so that you stay current and not miss any important developments in the case.
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.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office today announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Ostby in Billings on March 25, 2014 and entering pleas of Not Guilty were:
- LSUM MANLEY CAIBAIOSAI, a 35-year-old resident of Hobbema, Alberta, appeared on charges of theft of government property and false statements. If convicted of the most serious charge contained in the indictment, Caibaiosai faces 10 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated by the U.S. Department of Agriculture Office of Inspector General. PACER Case Reference: 13-44
- AN DALE FREESE, a 47-year-old resident of Billings, appeared on charges of sexual abuse of a minor. If convicted of the charge contained in the indictment, FREESE faces life imprisonment, $250,000 in fines and lifetime supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference: 14-19
- LE HANDRAN, a 33 year-old resident of Scobey, appeared on charges of acquiring a controlled substances by fraud, forgery, deception. If convicted of the charge contained in the indictment, HANDRAN faces 4 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated by the Drug Enforcement Administration. PACER Case Reference: 14-36
- N WILLARD HUNN, a 47 year-old resident of Great Falls, appeared on charges of distribution of Vicodin resulting in death, distribution of Vicodin, Soma, Ambiem, and Xanax, and distribution of dextro-amphetamine. If convicted of the most serious charges contained in the indictment, HUNN faces 20 years imprisonment, $1,000.000 in fines and 3 years supervised release. PACER Case Reference: 14-28
- NSING ZACHARY ROCK ABOVE, a 29-year-old resident of Crow Agency, appeared on charges of assault resulting in seriously bodily injury and assault with a dangerous weapon. If convicted of the most serious charge contained in the indictment, ROCK ABOVE faces 10 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Indian Affairs. PACER Case Reference: 14-35
- VA ESTELLE THREE IRONS, a 23-year-old resident of Crow Agency, appeared on charges of assault resulting in serious bodily injury. If convicted of the charge contained in the indictment, THREE IRONS faces 10 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Indian Affairs. PACER Case Reference: 14-34
Appearing before U.S. Magistrate Lynch in Missoula on March 26, 2014 and entering pleas of Not Guilty were:
- RRY WARREN ERVIN, JR., a 38-year-old resident of Bozeman, appeared on charges of conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine. If convicted of the most serious charges contained in the indictment, ERVIN, faces 40 years imprisonment, $5,000,000 in fines and 4 years supervised release. The case investigated by the Missouri River Drug Task Force. PACER Case Reference: 14-04-BU-DLC
Appearing before U.S. Magistrate Holter in Great Falls on March 27, 2014 and entering pleas of Not Guilty were:
- GAN ROSE FLYING, a 26-year-old resident of Harlem, appeared on charges of conspiracy to possess with intent to distribute methamphetamine and possession with intent to distribute methamphetamine. If convicted of the most serious charges contained in the indictment, FLYING faces 20 years imprisonment, $1,000,000 in fines and 3 years supervised release. The case was investigated by the Drug Enforcement Administration. PACER Case Reference: 14-16
- AN ANTONIO MALDONADO-AXUME, a 23-year-old resident of Honduras, appeared on charges of conspiracy to possess with intent to distribute methamphetamine and possession with intent to distribute methamphetamine. If convicted of the most serious charges contained in the indictment, MALDONADO-AXUME faces 20 years imprisonment, $1,000,000 in fines and 3 years supervised release. The case was investigated by the Drug Enforcement Administration. PACER Case Reference: 14-16
Appearing before U.S. Magistrate Ostby in Billings on March 27, 2014 and entering pleas of Not Guilty were:
- IAN KEITH HARVEY, a 41 year-old resident of Billings, appeared on charges of being a felon in possession of a firearm. If convicted of the charge contained in the indictment, HARVEY faces 10 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco and Firearms. PACER Case Reference: 14-29
Appearing before U.S. Magistrate Lynch in Missoula on March 27, 2014 and entering pleas of Not Guilty were:
- AD JEFFREY HENDRIX, a 28-year-old-resident of Missoula, appeared on charges of possession of stolen firearms. If convicted of the charge contained in the indictment, HENDRIX faces 10 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated was conducted by the Bureau of Alcohol, Tobacco and Firearms and Missoula Police Department. PACER Case Reference: 14-06
- LISSA A. WALLACE: a 28 year-old-resident of Billings, appeared on charges of wire fraud, theft of government property, and fraud. If convicted of the most serious charges contained in the indictment, WALLACE faces 20 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated by the U.S. Department of Agriculture Office of Inspector General. PACER Case Reference: 14-13
The indictment is merely a formal charging document. It is not proof of guilt and all persons indicted are presumed to be innocent of any crime until proof of guilt is established by trial or guilty plea.
The U.S. Attorney's Office is currently transitioning its media program to new media contacts. Resources and this transition may affect the amount of information the office can process and disclose in a timely manner. Therefore, 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 so that you stay current and not miss any important developments in the case.
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.
United States Attorney Announces “Working Hard, Making A Difference” Award WinnerRead the Press Release
The United States Attorney for the District of Montana Michael W. Cotter announced today that Bureau of Indian Affairs (BIA) Victim Specialist Wendy Bremner, of Browning Montana, is the District of Montana's "Working Hard, Making A Difference" award winner. The award was created to recognize individuals in Indian Country who have made significant contributions to public safety.
Wendy Bremner is one of nine Native Americans, nationwide, that work as BIA Victim Specialists. As a Victim Specialist, Bremner helps crime victims navigate within the criminal justice system assuring that crime victims' rights are honored.
Bremner is an exceptional Victim Specialist" said United States Attorney Michael Cotter, "She addresses the needs of crime victims in a caring and professional way, enabling her
The volume of work in Blackfeet is breathtaking. Despite the great needs, Bremner is tireless. She is a reliable and valuable partner to the law enforcement team at Blackfeet. She has touched hundreds of lives. We are grateful for her service."
BIA Victim Specialist Supervisor Linda Bearcrane said, "Wendy's role as a Victim Specialist is devoted to helping Native Americans during very traumatic circumstances. The Office of Justice Services is fortunate to have Wendy as a victim services provider who treats victims with dignity and respect. I am delighted that Wendy Bremner is being recognized for the outstanding service she provides the people of Blackfeet Reservation."
For more information regarding the BIA's Victim Services Office:
- tp://www.bia.gov/WhoWeAre/BIA/OJS/VictimServices/index.htm
For a Digital Story Telling Workshop video featuring Wendy Bremner:
- tps://www.youtube.com/watch?v=G7AVc9CdOD0
Information: Federal Court Initial AppearancesRead the Press Release
The United States Attorney's Office today announced that the following individuals have been arrested, charged, and made initial appearances on criminal complaints in "Operation Pale Mule." If convicted of the most serious charges in the complaints, each defendant faces possible penalties of life imprisonment, five years supervised release and $10,000,000 in fines. The investigation is a cooperative effort between the Federal Bureau of Investigation, Montana Division of Criminal Investigation, and the Eastern Montana High Intensity Drug Task Force. The prosecution is part of Project Safe Bakken, a cooperative effort between federal and state prosecutors and federal, state, local, and tribal law enforcement agencies in Montana and North Dakota.
- Casey Patrick Fleming
- Age: 41
- Hometown: Taft, California
- Charge: Conspiracy to Possess Methamphetamine with Intent to Distribute (21 U.S.C. � 846 & 841)
- Desiree Margarita Jimenez
Age: 30
o Hometown: Taft, California
o Charge: Conspiracy to Possess Methamphetamine with Intent to Distribute (21 U.S.C. � 846 & 841)
- Mario Albert Villegas
o Age: 31
o Hometown: Los Angeles, California
o Charge: Conspiracy to Possess Methamphetamine with Intent to Distribute (21 U.S.C. � 846 & 841)
- David Delcarmen
o Age: 32
o Hometown: Los Angeles, California
o Charge: Conspiracy to Possess Methamphetamine with Intent to Distribute (21 U.S.C. � 846 & 841)
- Gerardo Lopez Martinez
o Age: 35
o Hometown: Los Angeles, California
o Charge: Conspiracy to Possess Methamphetamine with Intent to Distribute (21 U.S.C. � 846 & 841)
- Kathrine Sue Neel a/k/a Catherine Sue Neel
o Age: 49
o Hometown: Taft, California
o Charge: Conspiracy to Possess Methamphetamine with Intent to Distribute (21 U.S.C. � 846 & 841)
- Cody William Simpson
o Age: 25
o Hometown: Taft, California
o Charge: Conspiracy to Possess Methamphetamine with Intent to Distribute (21 U.S.C. � 846 & 841)
- David Lee Barnard, Jr.
o Age: 43
o Hometown: Billings, Montana
o Charge: Conspiracy to Possess Methamphetamine with Intent to Distribute (21 U.S.C. � 846 & 841)
- David Lee Goffena
o Age: 45
o Hometown: Roundup, Montana
o Charge: Conspiracy to Possess Methamphetamine with Intent to Distribute (21 U.S.C. � 846 & 841)
- Kirsta Elaine Goffena
o Age: 38
o Hometown: Roundup, Montana
o Charge: Conspiracy to Possess Methamphetamine with Intent to Distribute (21 U.S.C. � 846 & 841)
- Brandon Scott Robey
o Age: 38
o Hometown: Billings, Montana
o Charge: Conspiracy to Possess Methamphetamine with Intent to Distribute (21 U.S.C. � 846 & 841)
A criminal complaint is merely a written statement of the essential facts constituting the offense(s) charged. It is not proof of guilt and all persons charged are presumed to be innocent of any crime until proof of guilt is established by trial or guilty plea.
The U.S. Attorney's Office is currently transitioning its media program to new media contacts. Resources and this transition may affect the amount of information the office can process and disclose in a timely manner.
Therefore, 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 so that you stay current and not miss any important developments in the case.
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.
Jordan Linn Graham Sentenced to 30 Years in PrisonRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula on March 27, 2014, JORDAN LINN GRAHAM, 22, of Kalispell, was sentenced to 360 months in prison, followed by 5 years supervised release by Senior U.S. District Judge Donald Molloy. The sentence follows Graham's mid-trial guilty plea to second degree murder. Jordan Linn Graham filed a motion to withdraw her guilty plea on March 26, 2014. The motion was denied today by the trial judge.
Cody Johnson married Jordan Graham in Kalispell on June 29, 2013. The day after the wedding, Graham began to tell a friend that she "totally had a meltdown" and was having second thoughts concerning her marriage to Cody and wondered "what the heck I just did this all for."
At trial, several witnesses testified that on July 7, 2013 Cody said Graham had a surprise planned for him later that day. Graham lured Cody to Glacier National Park with the promise of a big surprise and pushed him from a cliff to his death. After providing several false statements to law enforcement officers and impeding the investigation by providing false information, Graham ultimately admitted pushing Cody from behind with both hands.
On July 8, 2013, multiple people reported Cody missing to the Kalispell Police Department, but the defendant was not one of them. During the next few days the defendant continued to communicate with numerous people in the Kalispell community, often via text message, about what had happened to Cody. As demonstrated at trial through witness testimony and admitted exhibits, the defendant continued to impress upon friends and family that Cody had left with friends. She continued to tell this story via text messages, including with Cody's mother.
Convincing evidence at trial established that on the morning of July 10, 2013, the defendant created an email account entitled "carmontony607" using Google from her parent's residence in Kalispell. A few minutes after that account was established, the defendant emailed herself the following message:
Hello Jordan, My name is Tony. There is no bother in looking for Cody anymore. He is gone. I saw your post on twitter and thought I would email you. He had come with some buddies and met up with me on Sunday night in Columbia Falls. He was saying he needed to be with buddies for a bit and take them for a joy ride before they had to go. So he said bye to me and they took off in a black car for a ride. 3 of the other guys came back saying they had gone for a ride in the woods somewhere and Cody got out of the car and went for a little hike and they are positive he fell and he is dead Jordan. I don't know who the guys were but they took off. So call off the missing person report. Cody is for sure gone. -Tony."
Because the defendant did not identify the location of Cody's body until the evening of July 11, 2013, law enforcement were not able to recover Cody's body until the next day, on July 12, 2013. The recovery of Cody's body was a substantial undertaking, requiring National Park staff overtime and the retention of specialized equipment. As testified by a number of law enforcement at trial, Cody's body was located at the bottom of an approximately 300-foot cliff and located, face-down, in a shallow creek. Cody's body was ultimately lifted from the bottom of the ravine by a special-lift helicopter that had to be retained for this specific purpose.
The investigation was a cooperative effort between the Federal Bureau of Investigation, National Park Service, Kalispell Police Department, Flathead County Sheriff's Office and Parks Canada. "These agencies worked as one and are to be commended for their tireless efforts to bring justice to this case, to Cody Johnson and to his family and friends.
The conviction of Graham happened because of the incredible investigative team and a hard-working and talented trial team which worked tirelessly to propel this case to a right and just conclusion.
The US Department of Justice and the Montana United States Attorney's Office extend our profound appreciation and thank you to the agents and officers involved in this investigation." --United States Attorney Michael Cotter.
U.S. Attorney’s Office to Host Press Conference After Jordan Graham Sentencing in Missoula on March 27, 2014Read the Press Release
The United States Attorney for the District of Montana, Michael W. Cotter, announced today his office will host a press conference on Thursday, March 27, 2014, at 11:00 am or immediately following the sentencing of Jordan Graham in the Missoula U.S. Attorney's Office, located at 105 E. Pine, 2nd Floor, Missoula, Montana.
Press conference attendees are expected to include the United States Attorney for the District of Montana, Michael Cotter, representatives from the Federal Bureau of Investigation, National Park Service and the Kalispell Police Department.
Contact Keri Leggett at keri.leggett@usdoj.gov with any questions.
Wolf Point Man Sentenced to 10.5 Years for Molesting and Photographing ChildRead the Press Release
The United States Attorney's Office announced today after molesting and taking sexually explicit pictures of a child for two years, WAYLON NOVELLE BLOUNT, 36, of Wolf Point, was sentenced in federal court on March 18, 2014, to ten and a half years in prison and fifteen years supervised release by U.S. District Court Judge Brian M. Morris.
Blount pleaded guilty to abusive sexual contact and possession of child pornography, after it was discovered he had molested a child and forced her to wear women's panty hose over the course of ages 10 to 12-year-old. After forcing her to put on pantyhose, he would direct her to pose in sexual positions as he took photographs. Judge Morris addressed the defendant at sentencing, describing Blount's actions as "morally reprehensible."
In 2012, when the victim was 12-years-old, Blount was trying to molest her when she fled and called 911 as she hid behind a house in Wolf Point, Montana. Police found her crying and shaking. She was interviewed and identified Blount as the person who has assaulted her and gave graphic details of times and places in which she had been molested. as well as molestation the night before she fled and called 911.
Because there is no parole in the federal system, the (truth in sentencing( guidelines mandate that Blount will likely serve all of the time imposed by the court. In the federal system, Blount does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a joint effort by the Federal Bureau of Investigation and the Fort Peck Tribes Department of Law and Justice.
Social Security Fraud Scheme Leads to Federal Conviction and Almost $42,000 in RestitutionRead the Press Release
The United States Attorney's Office announced that on March 20, 2014, FLORENCE IRENE JARA, 52, of Billings, was ordered to serve a term of five years of probation, pay $41,984.60 in restitution to the Social Security Administration, and perform 275 hours of community service, by U.S. District Judge Susan Watters.
In the prosecution's sentencing memorandum, Assistant U.S. Attorney Chad C. Spraker told the Court that Patricia Lennon was the beneficiary of Title II Social Security Administration (SSA) benefits, also known as the Old Age, Survivors and Disability Insurance (OASDI) program. Under the OASDI program, Patricia Lennon's son was also entitled to OASDI benefits. Lennon was appointed by SSA to be her son's representative payee, a position created by SSA when a beneficiary is unable to handle his or her own affairs due to age or disability. Patricia Lennon's son was entitled to benefits until he was eighteen, but as a minor, his benefits generally had to be paid through a representative payee accountable to SSA's rules. Prior to her death on May 19, 2010, Lennon added Jara as a joint account holder on a Valley Federal Credit Union account into which SSA was depositing the OASDI benefits. SSA, unaware of Patricia Lennon's death, continued making monthly deposits of approximately $1100 for Patricia Lennon and $1000 to Patricia Lennon as her son's representative payee.
In or about September 2011, SSA sent a representative payee accounting form to Lennon. Receiving no response, SSA suspended the $1000 monthly payment for Patricia Lennon's son. On March 2, 2012, a Valley Federal Credit Union employee called SSA to inquire about the benefits being deposited into the account. After discovering that Patricia Lennon had died, SSA requested a return of the OASDI benefits deposited into the account. Valley Federal Credit Union froze the account and called Jara concerning SSA's request to reclaim the benefits. Jara falsely claimed that she had already notified SSA of Patricia Lennon's death. On July 19, 2012, Jara was interviewed by federal investigators at her home in Billings. Jara stated that she knew Patricia Lennon was receiving SSA benefits and for her son when Jara was added to the VFCU account. After September 2010 Jara began spending the SSA money for her own personal needs. According to the Presentence Report, Jara later admitted that over the course of 18 months, she personally spent $18,000 in SSA funds.
In her interview with law enforcement agents, Jara further stated that she knew it was wrong to take the SSA benefits after Patricia Lennon's death, and she should have gone to SSA. Nevertheless, she also claimed that a probate attorney told her not to tell SSA about Patricia Lennon's death until after Jara obtained guardianship of Patricia Lennon's son. On August 21, 2013, a federal agent interviewed the attorney who advised that he had attempted to carry out Patricia Lennon's instruction to establish Jara as the guardian of Patricia Lennon's son, but the guardianship was never implemented. The attorney advised the agent that he never spoke with Jara, but if he had, he would have never instructed her not to report Patricia Lennon's death to SSA, as that is generally one of the first things he advised his clients to do.
The investigation was conducted by the Social Security Administration, Office of Inspector General.
Salway Sentenced for Killing Man with Her VehicleRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, Montana, on March 18, 2014, before U.S. District Judge Brian M. Morris, BRANDY LEE SALWAY, 23, of Browning, was sentenced to a term of 36 months imprisonment, three years supervised release, and a special assessment of $100.
Salway was sentenced because she killed a man, after she ran him over with her vehicle. In an Offer of Proof filed by Assistant U.S. Attorney Ryan G. Weldon, the government would have proven that Salway was traveling over 55 miles per hour in a neighborhood with a 15 mile-per-hour zone. She had a BAC of .193, and there was THC and methamphetamine detected in her blood. The victim was pronounced dead at the scene of the crash.
Salway pleaded guilty to Involuntary Manslaughter. In a sentencing memorandum, Weldon told the Court, "Drunk driving in Montana and other states has garnered considerable attention. The highways and neighborhood roadways are shared by families, children, and pedestrians alike. Every time a drunk driver sits behind the wheel, tragedy looms. It, however, is a guarantee when a drunk, drugged, and angry driver travels over 55 miles per hour in a 15 mile-per-hour speed zone."
The Court sentenced Salway to 36 months of imprisonment, with three years of supervised release to follow. Because there is no parole in the federal system, the truth in sentencing guidelines mandate that Salway will likely serve all of the time imposed by the court. In the federal system, Salway does have the opportunity to shorten the term of custody by earning credit for good behavior. However, this reduction will not exceed 15% of the overall sentence.
This investigation was conducted by the Federal Bureau of Investigation.
Middle School Teacher Sentenced for Sexually Assaulting StudentRead the Press Release
The United States Attorney's Office announced that TYRELL LEE BALIBARDIN, 22, of Browning, Montana, was sentenced to a term of 30 months imprisonment, five years supervised release, and a special assessment of $100 during a federal court hearing in Great Falls, Montana, on March 18, 2014, before U.S. District Judge Brian M. Morris.
BALIBARDIN was sentenced in connection with his December 17, 2013, guilty plea to sexual abuse of a minor. In an Offer of Proof, Assistant U.S. Attorney Ryan Weldon stated it would have proved that BALIBARDIN was a substitute teacher for the Technology Class at Browning Middle School. BALIBARDIN began a sexual relationship with his student that included vaginal and oral sex.
At sentencing, the government stated, "Teachers exist to nurture and help their students to explore the world. No part of that job description includes having sexual intercourse. Mr. Balibardin violated that rule, breaching the trust of the school, parents, and the community."
The District Court sentenced BALIBARDIN to 30 months of imprisonment, with five years of supervised release to follow. BALIBARDIN will also be required to register as a sexual offender.
Because there is no parole in the federal system, the truth in sentencing guidelines mandate that BALIBARDIN will likely serve all of the time imposed by the court. In the federal system, BALIBARDIN does have the opportunity to shorten the term of custody by earning credit for good behavior. However, this reduction will not exceed 15% of the overall sentence.
U.S. Attorney Mike Cotter said the sentence, which was within the federal advisory sentencing guideline range, reflected the seriousness of the crime and the need to protect children from those who abuse and take advantage of a position of trust. "Children are the most treasured, yet most vulnerable, members of the tribal community. They are made even more vulnerable when they are told to trust, respect, and obey those in positions of authority, like teachers. The sexual abuse of children is most destructive when committed by people entrusted with their care."
This case was investigated by the Federal Bureau of Investigation.
Member of Bakken Drug Ring Sent to Federal PrisonRead the Press Release
The United States Attorney's Office announced that SEAN MICHAEL VAIRA, 30, of Billings, was sentenced to 37 months in prison followed by 3 years supervised release by U.S. District Judge Susan Watters on March 13, 2014. The defendant previously pled guilty to possession with intent to distribute methamphetamine.
Assistant U.S. Attorney Joe Thaggard told the Court in an Offer of Proof that in early 2013, the Montana Division of Criminal Investigation (MDCI), the Drug Enforcement Administration (DEA) and Sidney, Montana Police Department began to investigate a drug trafficking network operating in Sidney and Fairview, Montana. That investigation revealed that Sean Vaira was involved in the drug trafficking network.
On August 7, 2013, the Vaira was interviewed by MDCI Agents and told agents that in approximately December of 2012, he met a methamphetamine dealer based in Sidney. Vaira admitted that between late December 2012 or early January 2013, and mid-March of 2013, he drove that drug dealer to meetings in Butte and Missoula at which the drug dealer obtained a total of approximately one and one-half pounds of methamphetamine and which the drug dealer then distributed in Big Timber and Sidney.
The Defendant stated that, in approximately mid-April 2013, he obtained approximately seven grams of methamphetamine from a drug dealer in Fairview which he in turn distributed to others. Vaira said that several days later, at the behest of that drug dealer, he drove to Butte and obtained one-half pound of methamphetamine which he then drove to Sidney and distributed some of the drugs to the Fairview-based drug dealer and some of the drugs to others he knew in the Sidney area.
Several days later, Vaira made another drug run to Butte and obtained another half-pound of methamphetamine which he brought back to the Fairview-based drug dealer and other drug dealers in the Sidney area.
Livingston Man Sentenced to Prison for Possession of MethamphetamineRead the Press Release
The United States Attorney's Office announced that on March 20, 2014, GRADEN ROY NORLIN, 59, of Livingston, was ordered to serve a term of 57 months in prison followed by 3 years supervised by U.S. District Judge Sam Haddon. The sentence is a result of Norlin's December 2013 guilty plea to possession with intent to distribute methamphetamine.
In the prosecution's sentencing memorandum, Assistant U.S. Attorney Paulette Stewart stated that beginning in approximately November of 2011, law enforcement began to gather information which indicated that Norlin was dealing methamphetamine in Billings and Livingston, Montana. The investigation uncovered that Norlin(s source of supply was located in Billings, Montana. Norlin traveled from Livingston to Billings to obtain methamphetamine for distribution. During one such trip on January 31, 2012, law enforcement stopped Norlin on his way back to Livingston from Billings and searched his truck. In Norlin(s truck law enforcement found 31.8 grams of suspected methamphetamine. The suspected methamphetamine was sent to the DEA Laboratory. The lab results confirmed that the substance found in Norlin's truck was 26.4 grams of actual (pure) methamphetamine. The confiscated methamphetamine was intended to be distributed to Norlin's customers.
Lester Sentenced to PrisonRead the Press Release
The United States Attorney's Office announced that on March 20, 2014, KEITH EDWARD LESTER, 44, of Sidney, was ordered to serve a term of 30 months in prison followed by 3 years supervised by U.S. District Judge Susan Watters. The sentence is a result of Lester's December 2013 guilty plea to possession with intent to distribute methamphetamine.
In the prosecution's sentencing memorandum, Assistant U.S. Attorney Joe Thaggard stated in early 2013, member of the Montana Division of Criminal Investigation (MDCI), the Sidney, Montana Police Department, and the Drug Enforcement Administration (DEA) began to investigate a drug trafficking ring operating in Sidney, Montana. The investigation disclosed that the Defendant and his son, Kyle Lester, were associated with the drug trafficking ring and were distributing methamphetamine in and around Sidney;
In June 2012, members of the MDCI and the Sidney Police Department interviewed the Defendant. The Defendant stated that, in July 2012, Kyle Lester met Robert Armstrong. The Defendant stated that Robert Armstrong began to provide methamphetamine to Kyle Armstrong shortly thereafter. The Defendant further stated that, in approximately September 2012, he met Armstrong.
The Defendant stated that, after meeting Armstrong, he then began to receive methamphetamine from Armstrong. The Defendant stated that he, in turn, distributed that methamphetamine in and around Sidney.
In July 2013, members of the MDCI and the Sidney Police Department interviewed Kyle Lester. He confirmed that Robert Armstrong was an associate who provided methamphetamine to him. Kyle Lester stated that he provided some of that methamphetamine to the Defendant for redistribution.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office today announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Lynch in Missoula on March 18, 2014 and entering pleas of Not Guilty were:
- DEBRA McKINNEY, a 47-year-old resident of Corvallis, appeared on charges of wire fraud and aggravated identity theft. If convicted of the most serious charges contained in the indictment, McKINNEY faces 20 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated by the U.S. Secret Service. PACER Case Reference: 14-11
- JAMES LESLIE VAUGHN, a 48-year-old resident of Charlo appeared on Clean Water Act violations and obstruction of justice. If convicted of the most serious charges contained in the indictment, VAUGHN faces 20 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated by the U.S. Environmental Protection Agency and Montana Department of Environmental Quality. PACER Case Reference: 14-09
Appearing before U.S. Magistrate Judge Strong in Great Falls on March 18, 2014 and entering pleas of Not Guilty were:
- CHARLES W. PREE, a 48-year-old resident of Browning, appeared on charges of wire fraud, theft of government property and false statements. If convicted of the most serious charges contained in the indictment, PREE faces 20 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated by the U.S. Department of Agriculture Office of Inspector General. PACER Case Reference: 14-08
- JOANNE STILL SMOKING, a 21-year-old resident of Browning, appeared on charges of wire fraud, theft of government property and false statements. If convicted of the most serious charges contained in the indictment, STILL SMOKING faces 20 years imprisonment, $250,000 in fines and 3 years supervised release. The case was investigated by the U.S. Department of Agriculture Office of Inspector General. PACER Case Reference: 14-08
Appearing before U.S. Magistrate Judge Ostby in Billings on March 20, 2014 and entering pleas of Not Guilty were:
- JAMES EDWARD DEMPSTER, a 33-year-old resident of Big Timber, appeared on charges of conspiracy to possess methamphetamine with intent to distribute and possession with intent to distribute methamphetamine. If convicted of the most serious charge contained in the indictment, DEMPSTER faces 20 years imprisonment, $1,000,000 in fines and 3 years supervised release. The investigation was a cooperative effort of the Drug Enforcement Administration, Montana Division of Criminal Investigations, Sweet Grass County Sheriff's Office, Montana Highway Patrol, Sidney Police Department and Richland County Sheriff's Office. PACER Case Reference: 14-26
- BRIAN KETIH SALMON, a 44-year-old resident of Williston, ND, appeared on charges of possession with intent to distribute methamphetamine and conspiracy to distribute methamphetamine. If convicted of the most serious charge contained in the indictment, SALMON, faces 40 years imprisonment, $5,000,000 in fines and 5 years supervised release. The investigation was a cooperative effort of Montana Division of Criminal Investigations, the Drug Enforcement Administration and the Federal Bureau of Investigation. PACER Case Reference: 14-23
Appearing before U.S. Magistrate Judge Lynch in Missoula on March 20, 2014 and entering pleas of Not Guilty were:
- PAUL WENCEWICZ, a 47-year-old resident of Polson, appeared on charges of conspiracy to advertise child pornography. If convicted of the charge contained in the indictment, WENCEWICZ faces 30 years imprisonment, $250,000 in fines and lifetime supervised release. The investigation was a cooperative effort of the Federal Bureau of Investigation, Homeland Security Investigations, Montana Division of Criminal Investigations, and Montana Internet Crimes Against Children Task Force. PACER Case Reference: 14-14
The indictment is merely a formal charging document. It is not proof of guilt and all persons indicted are presumed to be innocent of any crime until proof of guilt is established by trial or guilty plea.
The U.S. Attorney's Office is currently transitioning its media program to new media contacts. Resources and this transition may affect the amount of information the office can process and disclose in a timely manner. Therefore, 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 so that you stay current and not miss any important developments in the case.
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.
Billings Man Draws Prison Sentence for Methamphetamine PossessionRead the Press Release
The United States Attorney's Office announced that on March 20, 2014, KURT LEE WHITLING, 52, of Billings, was ordered to serve a term of 60 months in prison followed by 4 years supervised by U.S. District Judge Susan Watters. The sentence is a result of Whitling's October 2013 guilty plea to possession with intent to distribute methamphetamine.
In the prosecution's sentencing memorandum, Assistant U.S. Attorney Joe Thaggard states Tomas Alvarado and Eliseo Lopez Martinez were two drug dealers involved in the distribution of methamphetamine. In October 2012, they began to distribute methamphetamine in Billings, Montana.
Alvarado and Martinez acted as wholesale distributors through a series of subordinate drug dealers. Those lower-level dealers included Walter White and the Defendant.
Alvarado estimates he provided to the Defendant for distribution two to three pounds of a substance containing a detectable amount of methamphetamine. White has informed the authorities that he also provided more than 50 grams of a substance containing a detectable amount of methamphetamine to the Defendant for distribution.
An associate of White, Alvarado, and the Defendant has informed the authorities that the Defendant distributed methamphetamine for White to people in Billings and the surrounding areas.
John Doe (an unindicted coconspirator) has informed the authorities the Defendant distributed methamphetamine to users in the Billings area.
Travis Patrick Zabroski Sentenced in U.S. District CourtRead the Press Release
The United States Attorney(s Office announced that during a federal court session in Billings, on March 6, 2014, before U.S. District Judge Susan P. Watters, TRAVIS PATRICK ZABROSKI, a 31 year-old resident of Billings, Montana, was sentenced to a term of:
Prison: 85 months
Special Assessment: $ 200
Restitution: N/A
Supervised Release: 5 years
In an Offer of Proof filed by Assistant U.S. Attorney Brendan McCarthy, the government stated it would have proved at trial the following:
On January 15, 2013, officers with the Billings Police Department were investigating a robbery that occurred at 2150 Grand Avenue in Billings. After investigating the robbery, an officer went to the Holiday Station located at King Avenue and S. 20th Street W. to conduct a business check. Inside the store, the officer observed a white male, later identified as Travis Patrick Zabroski, who matched the description of the robbery suspect. The officer asked the defendant questions, and, at one point, the defendant told the officer that he was on probation for armed robbery.
Additional officers arrived at the scene. The officers contacted the defendant's probation officer and was given consent to search the defendant's vehicle.
During the search, an officer located a book safe underneath the driver's seat. Inside the book safe, the officer recovered various items including a baggie with a white crystalline substance and a loaded .357 Ruger pistol with the serial number filed off. The white crystalline substance was tested at the scene with a methamphetamine kit and the result was positive. The methamphetamine was then sent to the DEA lab for analysis, and the results indicated that the actual amount of methamphetamine was 41.8 grams.
Agents also obtained information from other sources that the defendant had possessed methamphetamine with the intent to distribute it in the Billings area from October 1st of 2012 through January 15th of 2013.
The .357 Ruger pistol was examined by an ATF Special Agent, and it was determined that the firearm was not manufactured in the State of Montana. Therefore, it traveled in and affected interstate commerce.
In 2000, Zabroski was convicted of Armed Robbery in New Mexico, which is a felony crime punishable by a term of imprisonment exceeding one year.
The case was investigated by the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Billings Police Department.
Sean Kelly Sentenced to Five Years in Prison for MethRead the Press Release
The United States Attorney's Office announced that SEAN MICHAEL KELLY, 37, of Columbia Falls, was sentenced to 63 months in prison followed by 5 years supervised release by Senior U.S. District Judge Donald Molloy on March 14, 2014. In December 2013, the defendant pled guilty to conspiracy to distribute methamphetamine.
Assistant U.S. Attorney Tara Elliot told the Court in an Offer of Proof that Northwest Drug Task Force Agents received information from a confidential source that Kelly was actively involved with the distribution of dangerous drugs and made daily rounds throughout the valley to resupply people that are selling drugs for him.
Agents obtained a search warrant to attach a GPS tracking device to the vehicle used by defendant Kelly and followed the vehicle between Idaho and Montana by use of the GPS between December 6, 2012 and January 3, 2013. On January 3, 2013 Deputies observed the
Chevrolet pickup traveling on Hwy 83. The vehicle had a headlight out and a traffic stop was conducted on the vehicle. The driver and sole occupant of the vehicle was defendant Kelly. Kelly had an active warrant for his arrest and was detained on this warrant. The vehicle was then towed to a Flathead County secure storage facility in anticipation of a search warrant.
On January 7, 2013, Agents applied for and received a Montana State District Court search warrant for the 2002 Chevrolet Pickup truck. During the search NWDTF Agents located a black zippered case inside of a coat on the front passenger seat of the truck. Inside the case (often referred to as a kit) Agents found six syringes, a spoon, and a jewel bag containing 1 gram of methamphetamine. As agents searched further they found a package located within the tail-gate. The package was wrapped in several layers of plastic, coffee grounds, carbon paper and duct tape. The package contained approximately 423 grams of pure methamphetamine.
The term "pure methamphetamine" refers to the purity contained in the transacted amount which is usually "cut" with inert ingredients that make the actual product less pure but more profitable as drugs are generally sold based on quantity not quality.
Patricia Ann Halcomb-Segna Sentenced in U.S. District CourtRead the Press Release
The United States Attorney(s Office announced that during a federal court session in Billings, on March 5, 2014, before Senior U.S. District Judge Donald W. Molloy, PATRICIA ANN HALCOMB-SEGNA, 44, of Billings, Montana, was sentenced to a term of:
Prison: 110 months
Special Assessment: $ 100
Restitution: N/A
Supervised Release: 5 years
According to an Offer of Proof filed by Assistant U.S. Attorney Brendan McCarthy, in July of 2012, members of the Eastern Montana HIDTA were investigating Halcomb-Segna for the sale of methamphetamine in the Billings area. After a search warrant was conducted at her residence, Halcomb-Segna told law enforcement that she first began obtaining methamphetamine from R.F. in April of 2011. She would receive over one ounce a week from R.F. In May of 2011, she also transported methamphetamine to Cut Bank, Montana for D.T. She made four or five trips to Cut Bank. In January of 2012, she began obtaining approximately an eighth on ounce of methamphetamine on ten different occasions from K.H. In May or June of 2011, the defendant began obtaining larger quantities-an eighth to a quarter ounce of methamphetamine-from J.W. and T.E.
The defendant estimated that she distributed at least a quarter ounce of methamphetamine each week for the two months prior to July of 2012. She also stated that prior to that time and starting in 2011, she distributed smaller quantities of methamphetamine.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office today announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Judge Lynch in Missoula on March 13, 2014 and entering pleas of Not Guilty were:
- RING FELEZITAS SMITH, a 25-year-old resident of Missoula, appeared on charges of possession of stolen firearms. If convicted of the charge contained in the indictment, SMITH faces 10 years imprisonment, $250,000 in fines and 3 years supervised release. PACER Case Reference: 14-05
The indictment is merely a formal charging document. It is not proof of guilt and all persons indicted are presumed to be innocent of any crime until proof of guilt is established by trial or guilty plea.
The U.S. Attorney's Office is currently transitioning its media program to new media contacts. Resources and this transition may affect the amount of information the office can process and disclose in a timely manner. Therefore, 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 so that you stay current and not miss any important developments in the case.
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.
Heroin and Meth Bound for Bakken Draw 70 Month SentenceRead the Press Release
The United States Attorney(s Office announced that during a federal court session in Billings, on March 6, 2014, before U.S. District Judge Susan P. Watters, ROGER ALLEN YBARRA BERGER, a 29 year-old resident of Dickinson, North Dakota, was sentenced to a term of:
Prison: 70 months
Special Assessment: $ 100
Restitution: N/A
Supervised Release: 5 years
In an Offer of Proof filed by Assistant U.S. Attorney Brendan McCarthy, the government stated it would have proved at trial the following:
On January 10, 2013, a Montana Highway Patrol (MHP) Trooper observed a vehicle on Interstate 94 near Glendive, Montana, that failed to have visible registration tags. The Trooper approached the passenger side window of the vehicle and detected the odor of raw marijuana coming from within the suspect vehicle. The driver of the vehicle was identified as the defendant, Roger Allen Ybarra Berger. The passenger of the vehicle was identified as M.C.
The Trooper was given permission to search the vehicle by the registered owner, M.C. During the search, the Trooper discovered a backpack inside the vehicle. M.C. advised the backpack did not belong to him. Likewise, Berger also denied owning the backpack. In the backpack law enforcement found numerous items of drug paraphernalia such as tin foil, a torch, numerous small plastic baggies, and a locked box. Inside the locked box there were two bags containing powdery substances. One bag field tested positive for heroin and weighed approximately 2 ounces. The second bag field tested positive for methamphetamine and weighted approximately 1.5 ounces. Berger later admitted the backpack and the contents belonged to him.
The investigation revealed that Berger and M.C. drove from Dickinson, North Dakota, to Billings, Montana, on January 9, 2013. They stayed at a local motel in Billings, Yellowstone County, Montana. While at the motel, Berger met with his source of supply for methamphetamine and heroin - William Lawrence Barrow. Berger and M.C. had previously traveled to Billings, Montana, just before New Year's Day, 2013, to pick up more drugs from Barrow. During the previous trip in December of 2012, Berger picked up four ounces of methamphetamine and three ounces of heroin from Barrow for redistribution.
Further investigation revealed that Barrow was Berger's main drug connection out of Utah. Berger had historically distributed at least 50 grams of methamphetamine and at least 100 grams of heroin during the course of the conspiracy.
The investigation was conducted by the Montana Highway Patrol, Montana Department of Criminal Investigation, and the Drug Enforcement Administration.