FEDERAL DISTRICT ARCHIVE
District of Montana
Press releases recorded for this federal judicial district.
George Theodore Sutherland Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on November 7, 2013, before U.S. Magistrate Judge Keith Strong. GEORGE THEODORE SUTHERLAND, a 21-year-old resident of Box Elder and an enrolled member of the Chippewa Cree Indian Tribe, pled guilty to assault resulting in serious bodily injury. Sentencing has been set for February 7, 2014. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Danna R. Jackson, the government stated it would have proved at trial the following:
On April 3, 2012, within the exterior boundaries of the Rocky Boy(s Indian Reservation, SUTHERLAND chased the victim down a road, intentionally kicking her and causing the victim to fall and strike her head on the ground.
As a result of the fall, the victim suffered a gash on her temple. The victim sought treatment at the Northern Montana Hospital Emergency Room. The victim bled a significant amount. In addition to receiving several sutures, the victim was treated for her extreme physical pain.
SUTHERLAND faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was conducted by the Federal Bureau of Investigation.
Cameron T. Jones Pleads Guilty and Sentenced in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on October 31, 2013, before U.S. Magistrate Judge Keith Strong, CAMERON T. JONES, a 22-year-old resident of Bethel, Connecticut, pled guilty and was sentenced to a term of:
- ison: 30 days with 30 days suspended
- ecial Assessment: $15
- ne: $2,500
JONES was sentenced in connection with his guilty plea to.theft of government property.
In an Offer of Proof filed by Special Assistant U.S. Attorney David Dayton and Assistant U.S. Attorney Laura B. Weiss, the government stated it would have proved at trial the following:
In September 2012, JONES was enlisted in the United States Air Force where he worked as a member of the Security Forces on Malmstrom Air Force Base (MAFB). In an interview with law enforcement, JONES admitted to taking an Advanced Combat Optic Gunsight (ACOG) valued at under $1,000 from MAFB. JONES stated he knew where the ACOG was located because he had moved furniture into the room where it was located the previous month. JONES admitted he drove to Walmart where he purchased bolt cutters. He then drove to the building housing the ACOG and cut the lock from the storage locker with the bolt cutters and took the ACOG.
The stolen government property in this case came to law enforcement's attention in November 2012, after it was discovered the ACOG was missing and a witness overheard someone mention their friend had taken the ACOG. During the course of the investigation, law enforcement located a witness/co-conspirator who admitted to driving JONES to Walmart and disclosed that JONES told him about his plan to take the government property.
After admitting to taking the government property, JONES returned an ACOG by mail, and it was positively identified as the ACOG he stole.
The investigation was conducted by the U.S. Air Force Office of Special Investigation.
Athaliah Venus Allison 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 November 1, 2013, before U.S. District Sam E. Haddon, ATHALIAH VENUS ALLISON, a 36-year-old resident of Belgrade, was sentenced to a term of:
- ison: 56 months
- ecial Assessment: $300
- stitution: $388,755.33
- pervised Release: 3 years
ALLISON was sentenced in connection with her guilty plea to (2) counts of wire fraud and (1) count of aggravated identity theft.
In an Offer of Proof filed by Assistant U.S. Attorney Timothy J. Racicot, the government stated it would have proved at trial the following:
ALLISON was the bookkeeper for Big Sky Asphalt in Bozeman from the summer of 2008 through the summer of 2012. Her work was predominantly seasonal and there were periods of time when she was employed essentially 40 hours per week and other periods where she was employed fewer than 40 hours per week, if at all.
In approximately July 2008, ALLISON began embezzling from the company by writing and signing unauthorized company checks to herself and to other entities and making unauthorized credit card purchases using the US Bank company credit card. The loss to Big Sky Asphalt is approximately $318,166.04 ($68,503.81 in check fraud and $249,662.23 in credit card fraud).
The owners of Big Sky Asphalt found out about the embezzlement when ALLISON confessed around Labor Day 2012 that she had used the company credit card to pay for her husband's substance abuse treatment in Billings. ALLISON was very upset and agreed to pay back the $6,700 charge. Later that same week, ALLISON called the wife of one of the owners of Big Sky Asphalt and told her that the credit card was due and the balance was $3,426. The owner's wife called US Bank directly to pay over the phone and was informed that the balance was $10,777, so she went to ALLISON's house to get the statement and noticed that it said $3,426. Based on the discrepancy, the owner's wife ordered transaction histories for the US Bank account dating back to December 2008.
The owner's wife audited the credit card statements and discovered $249,662.23 in unauthorized purchases, including $39,544.11 to Blanchford Landscaping. Additional investigation revealed that ALLISON approached the owner of Blanchford Landscaping, for whom she also worked as bookkeeper, in approximately July 2011 and offered to pay the company's bills with a low-interest, high-limit credit account, which turned out to be Big Sky Asphalt's US Bank credit card.
ALLISON also wrote checks to herself on Big Sky Asphalt's bank account totaling $193,303.81. Even a generous estimate of her actual wages reveals an overpayment of $68,503.81, yielding an approximate total loss amount of $318,166.04 for both the credit card and check fraud. The checks that ALLISON wrote to herself were often for "reimbursable expenses." The checks also required the signatures of both of the owners of Big Sky Asphalt (J.S. and D.S.), which ALLISON forged. The forgery on October 22, 2008, in connection with ALLISON's negotiation of check number 27462, forms the basis of the identity theft charge in Count III of the Information.
ALLISON changed the address for the US Bank statements without permission, rerouting them to her personal residence. She also had the various accounts combined into one monthly summary. Once she controlled the statements she altered them by digitally removing the unauthorized charges and adding those amounts onto authorized expenditures for purchases made by Big Sky Asphalt's owners. She then removed her personal address from the bill, replaced it with the company address, and made the statements available to the owners for their review.
ALLISON used Big Sky Asphalt's credit card to pay Blanchford Landscaping's bills and then reimbursed herself from Blanchford's checking account. It appears that she charged $39,544.11 in Blanchford bills to the Big Sky Asphalt card.
ALLISON also opened a Staples Citibank account in 2008 in Big Sky Asphalt's name and charged $1,311.90 in expenses to places such as Macy's, Nordstrom, Aeropostale, American Eagle, Babies 'R Us, and Kohls.
From May 2009 through April 2012, during the same time period that she was embezzling from Big Sky Asphalt, ALLISON was also receiving unemployment benefits from the State of Montana. In June 2009, ALLISON reported to the State that she worked four hours and made $66. That same month, Big Sky Asphalt paid ALLISON $1,072 in wages for 80 hours of work. In August 2009, she reported 12 hours and $180 to the State, but made $2,278 working 181 hours (including overtime) for Big Sky Asphalt.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that ALLISON will likely serve all of the time imposed by the court. In the federal system, ALLISON does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Federal Bureau of Investigation and the Bozeman Police Department.
Benjamin Quinn McChesney and Lloyd John Romero Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on October 30, 2013, before Senior U.S. District Judge Wm. Fremming Nielsen, BENJAMIN QUINN McCHESNEY, age 36, and LLOYD JOHN ROMERO, age 29, were sentenced.
McCHESNEY was sentenced after having been found guilty of theft of firearms for a licensed dealer, theft of firearms in interstate commerce, and possession of stolen firearms, to a term of:
- ison: 120 months on each count, to run concurrently
- ecial Assessment: $300
- stitution: $40,076.38
- pervised Release: 3 years
ROMERO was sentenced after having been found guilty of possession of stolen firearms and being a felon-in-possession of firearms, to a term of:
- ison: 120 months on each count, to run concurrently
- ecial Assessment: $200
- pervised Release: 3 years
Special Assistant U.S. Attorney Ed Zink prosecuted the case for the United States.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that they will likely serve all of the time imposed by the court. In the federal system, they do have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
MacKenzie Richard Keene Joiner and Austin Leo Timothy Hagman Sentenced in U.S. District CourtRead the Press Release
The United States Attorney(s Office announced that during a federal court session in Missoula, on October 30, 2013, before Chief U.S. District Judge Dana L. Christensen, MACKENZIE RICHARD KEENE JOINER, age 29, and AUSTIN LEO TIMOTHY HAGMAN, age 23, residents of Missoula, were each sentenced.
JOINER was sentenced to the following term:
- ison: 46 months
- ecial Assessment: $100
- pervised Release: 4 years
HAGMAN was sentenced to the following term:
- ison: 36 months
- ecial Assessment: $100
- pervised Release: 4 years
They were sentenced in connection with their guilty pleas to conspiracy to distribute cocaine.
In an Offer of Proof filed by Assistant U.S. Attorney Tara J. Elliott, the government stated it would have proved at trial the following:
Beginning in approximately the spring of 2011 and continuing through February of 2013, the defendants distributed cocaine throughout the Missoula area. A CI (CI#1) would have testified that each defendant received more than 500 grams of cocaine from him/her during this period for redistribution in Missoula. A second CI (CI#2) would have testified and confirmed this information.
Finally, a third CI (CI#3) would have testified to receiving narcotics from JOINER and would further have testified that s/he knew that JOINER and HAGMAN worked together and that they and PANIAN received their drugs from CI#1.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that he will likely serve all of the time imposed by the court. In the federal system, he does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Federal Bureau of Investigation.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on October 30, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, the following individual was arraigned:
SAMUEL DAVIS EVERSON, III, a 47-year-old resident of Minot, North Dakota, appeared on charges of conspiracy to possess with the intent to distribute methamphetamine, possession with the intent to distribute methamphetamine, and (2) counts of distribution of methamphetamine. He is currently detained. If convicted of these charges, EVERSON faces possible penalties of a mandatory minimum of 10 years in prison and could be sentenced to life, a $10,000,000 fine, and 5 years supervised release on each of the first two charges; and possible penalties of 20 years in prison, a $1,000,000 fine, and 3 years supervised release on each count of the last charge. Assistant U.S. Attorneys Joseph E. Thaggard and Brendan P. McCarthy are the prosecutors for the United States.
The defendant pled not guilty to the charges.
This investigation was a part of Project Safe Bakken, which is a cooperative effort between the Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Bureau of Indian Affairs (BIA), the U.S. Border Patrol, the U.S. Marshal's Service, the Environmental Protection Agency Criminal Investigation Division (EPA-CID), the Department of Homeland Security (DHS), the Montana Division of Criminal Investigation (MDCI), the Montana Highway Patrol, the North Dakota Bureau of Criminal Investigation (BCI), the Billings Police Department, the Yellowstone County Sheriff's Office, and the Idaho State Police.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on October 29, 2013, before U.S. Magistrate Judge Keith Strong, the following individual was arraigned:
GEORGE THEODORE SUTHERLAND, a 20-year-old resident of Box Elder, appeared on a charge of assault resulting in serious bodily injury. He is currently detained. If convicted of this charge, SUTHERLAND faces possible penalties of 10 years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Danna R. Jackson is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
The defendant pled not guilty to the charge.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Donald Leroy Rickards Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on October 30, 2013, before Chief U.S. District Judge Dana L. Christensen, DONALD LEROY RICKARDS, a 49-year-old resident of Kelson, Washington, was sentenced to a term of:
- ison: 48 months
- ecial Assessment: $100
- pervised Release: 5 years
RICKARDS was sentenced in connection with his guilty plea to conspiracy to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Tara J. Elliott, the government stated it would have proved at trial the following:
On October 28, 2011, during the execution of a Montana state search warrant, a Montana Highway Patrol Trooper and a Special Agent with the DEA seized $175,060 and approximately one half pound of methamphetamine from a concealed aftermarket compartment of a Toyota truck driven by Sylvia Canales-Pierson. RICKARDS was a passenger in the vehicle. The drugs were later tested by the DEA laboratory which indicated that they contained well over 50 grams of pure methamphetamine.
The agent detained Canales-Pierson and her sister, Maria Dolores Ramsdell, after they attempted to retrieve the truck from the Montana Highway Patrol. When interviewed, Canales-Pierson indicated that, under the direction of her niece, she had been transporting bulk currency and/or methamphetamine about every two weeks since approximately October of 2010 between Kelso, Washington; Minneapolis, Minnesota; and San Jose, California. Canales-Pierson stated that her niece had made arrangements on this most recent trip for her to take the Toyota truck. Canales-Pierson stated that her niece paid $7,000 on average to her for making each trip, that her boyfriend RICKARDS had traveled with her during a majority of the trips to keep her company and to share the driving, and that Canales-Pierson paid RICKARDS about $2,000 for taking the trips with her. Canales-Pierson stated that she had taken her first trip in October of 2010 with her sister, Ramsdell, who had made prior trips at Canales-Pierson(s niece(s direction from Kelso, Washington, to Minneapolis, Minnesota, then to San Jose, California, back to Minneapolis, and then back to Kelso.
When interviewed, Ramsdell provided statements that were consistent with Canales-Pierson's statement, confirming her own involvement in and knowledge of the transportation of methamphetamine and/or bulk currency at the direction of Canales-Pierson's niece.
RICKARDS also made a statement which was consistent with Canales-Pierson's statement and confirmed his involvement in and knowledge of the transportation of methamphetamine and/or bulk currency at the direction of the niece.
Ramsdell and Canales-Pierson pled guilty to federal charges.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that he will likely serve all of the time imposed by the court. In the federal system, he does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Drug Enforcement Administration.
William Lawrence Barrow Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Helena, on October 28, 2013, before U.S. District Judge Sam E. Haddon, WILLIAM LAWRENCE BARROW, a 40-year-old resident of Clearfield, Utah, was sentenced to a term of:
- ison: 172 months
- ecial Assessment: $100
- pervised Release: 5 years
BARROW was sentenced in connection with his guilty plea to conspiracy to possess with intent to distribute heroin and methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica T. Fehr, the government stated it would have proved at trial the following:
On January 10, 2013, a Montana Highway Patrol (MHP) Trooper observed a vehicle on Interstate 94 near Glendive 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 R.B. 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, R.B. 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.
The investigation revealed that R.B. and M.C. drove from Dickinson, North Dakota, to Billings on January 9, 2013. They stayed at a local motel in Billings and while at the motel, R.B. went to another room and stayed for about 2 hours. R.B. was meeting with his source of supply for methamphetamine and heroin. It was believed the male source of supply was still staying at the motel in Billings. R.B. and M.C. had previously traveled to Billings just before New Years Day, 2013, to pick up more drugs from the same source of supply.
Law enforcement returned to the motel in Billings and discovered the source of supply, BARROW, was still staying at the motel.
Agents obtained a search warrant for the motel room. Just prior to executing the search warrant agents noticed BARROW and the female with him were packing up their car and preparing to leave the motel. Agents detained BARROW and the female passenger until a K9 Officer was able to arrive and conduct an exterior sniff test of the vehicle BARROW was driving. The K9 alerted on the vehicle.
The car and the motel room were searched by law enforcement. Agents found syringes, plastic baggies, two computers, four cellular phones - which contained several text messages between BARROW and R.B. - a leather notebook with drug ledger, a flash drive, and a false bottom Arizona Iced tea can.
BARROW was detained at the Billings DEA Office. Agents seized $2,503.22 from BARROW's person along with approximately three (3) ounces of heroin wrapped in a plastic bag.
Further investigation revealed that BARROW was R.B.'s main drug connection out of Utah. BARROW had historical distributed at least 100 grams of methamphetamine and 100 grams of heroin to R.B. during the course of the conspiracy.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that BARROW will likely serve all of the time imposed by the court. In the federal system, BARROW does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
Today's sentencing is a product of diligent work by the very dedicated agents who have been joined together under the banner of Project Safe Bakken. As the work of this team - which includes law enforcement professionals from all branches of local, state, and federal law enforcement - goes forward, the people of Montana and North Dakota can expect more cases from affected communities. That is the mission and commitment of Project Safe Bakken." said U.S. Attorney Michael W. Cotter.
This investigation was a part of Project Safe Bakken, which is a cooperative effort between the Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Bureau of Indian Affairs (BIA), the U.S. Border Patrol, the U.S. Marshal's Service, the Environmental Protection Agency Criminal Investigation Division (EPA-CID), the Department of Homeland Security (DHS), the Montana Division of Criminal Investigation (MDCI), the Montana Highway Patrol, the North Dakota Bureau of Criminal Investigation (BCI), the Billings Police Department, the Yellowstone County Sheriff's Office, and the Idaho State Police.
Informational: Federal Court Initial AppearancesRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on October 29, 2013, before U.S. Magistrate Judge Keith Strong, the following individuals were arraigned:
GEORGE THEODORE SUTHERLAND, a 20-year-old resident of Box Elder, appeared on a charge of assault resulting in serious bodily injury. He is currently detained. If convicted of this charge, he faces possible penalties of 10 years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Danna R. Jackson is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
HAILEY LEE BELCOURT, age 35, and TONY JAMES BELCOURT, age 41, residents of Box Elder, and SHAD JAMES HUSTON, a 37-year-old resident of Havre, appeared on charges of conspiracy to embezzle/convert federal money, theft involving a federally funded program, and accepting bribes. They are currently released on special conditions. If convicted of these charges, they each face possible penalties of 10 years in prison, a $250,000 fine, and 3 years supervised release on multiple counts of the above charges. Assistant U.S. Attorney Carl E. Rostad is the prosecutor for the United States. The investigation was conducted by a team of agents and auditors working with the U.S. Attorney's Guardians Project, including the Office of Inspector General for the Department of Interior, the Federal Bureau of Investigation, and the Criminal Investigation Division of the Internal Revenue Service.
K & N CONSULTING, LLC and TMP SERVICES, LLC, of Havre, appeared on charges of conspiracy to embezzle/convert federal money, theft involving a federally funded program, and giving bribes. If convicted of these charges, they each face possible penalties of a $500,000 fine on each charge. Assistant U.S. Attorney Carl E. Rostad is the prosecutor for the United States. The investigation was conducted by a team of agents and auditors working with the U.S. Attorney's Guardians Project, including the Office of Inspector General for the Department of Interior, the Federal Bureau of Investigation, and the Criminal Investigation Division of the Internal Revenue Service.
TONY JAMES BELCOURT, age 41, and HUNTER BURNS, age 48, residents of Box Elder, and JAMES HOWARD EASTLICK, JR., a resident of Havre, appeared on charges of false claims conspiracy, false claim against a federally funded project, and theft from an Indian tribal organization receiving federal funds. They are currently released on special conditions. If convicted of these charges, they each face possible penalties of 10 years in prison, a $250,000 fine, and 3 years supervised release on multiple counts of the above charges. Assistant U.S. Attorney Carl E. Rostad is the prosecutor for the United States. The investigation was conducted by a team of agents and auditors working with the U.S. Attorney's Guardians Project, including the Office of Inspector General for the Department of Interior, the Federal Bureau of Investigation, and the Criminal Investigation Division of the Internal Revenue Service.
HUNTER BURNS CONSTRUCTION, LLC, of Havre, appeared on charges of false claims conspiracy, false claim against a federally funded project, and theft from an Indian tribal organization receiving federal funds. If convicted of these charges, the company faces possible penalties of a $500,000 fine on each charge. Assistant U.S. Attorney Carl E. Rostad is the prosecutor for the United States. The investigation was conducted by a team of agents and auditors working with the U.S. Attorney's Guardians Project, including the Office of Inspector General for the Department of Interior, the Federal Bureau of Investigation, and the Criminal Investigation Division of the Internal Revenue Service.
The defendants pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Chauncey Leo Elk Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on October 29, 2013, before U.S. Magistrate Judge Keith Strong, CHAUNCEY LEO ELK, a 24-year-old resident of Poplar, pled guilty to false statement during a firearms transaction. Sentencing has been set for January 14, 2013. He is currently released on special conditions.
In an Offer of Proof filed by Assistant U.S. Attorney Paulette L. Stewart, the government stated it would have proved at trial the following:
On April 3, 2013, ELK made a false statement on an ATF Form 4473 during his attempt to purchase a Marlin .22 caliber rifle in Wolf Point at the Swap Shop. At that time, ELK was under prosecution and previously appeared on a federal indictment charging him with firearms offenses - one felony and one misdemeanor - straw purchase and transfer of a handgun to a juvenile.
ELK personally appeared before Magistrate Strong on March 12, 2013, in Great Falls. Magistrate Strong warned ELK that
The Swap Shop maintains a federal firearms license to deal in firearms. The Swap Shop's federal firearms license was
April 3, 2013. As a federal firearms licensee, the Swap Shop is required to maintain the ATF Form
When ELK filled out the ATF Form 4473 on April 3, 2013, at the Swap Shop, ELK checked that he was not under
Swap Shop to believe that the Marlin .22 caliber rifle could be lawfully
ELK.
ELK faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was conducted by the Federal Bureau of Investigation.
Irene Paster and Yolanda Paster Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Butte, on October 25, 2013, before U.S. District Judge Sam E. Haddon, IRENE PASTER, age 65, and YOLANDA PASTER, age 40, residents of Big Sky, were each sentenced to a term of:
Prison: 10 months
Special Assessment: $25
Supervised Release: 1 year
In addition, YOLANDA PASTER was fined $3,000.
They were sentenced in connection with their guilty pleas to willful failure to file a tax return.
In an Offer of Proof filed by Assistant U.S. Attorney Chad C. Spraker, the government stated it would have proved at trial the following:
A married person filing a joint return must file a tax return if his or her income exceeds $18,700 in gross income for the 2009 calendar year. During the 2009 calendar year, IRENE PASTER and her spouse had gross income totaling $91,322.
IRENE filed an extension of time to file an IRS Form 1040 for the 2009 tax year, which created an extension date of October 15, 2010. IRENE however, willfully failed to file a 2009 return on or before October 15, 2010.
An unmarried person, who is not a surviving spouse or head of household, must file a tax return if his or her income exceeds $9,350 in gross income for the 2009 calendar year. During the 2009 calendar year, YOLANDA PASTER, Irene(s daughter, had a gross income totaling $60,413.
YOLANDA filed an extension of time to file an IRS Form 1040 for the 2009 tax year, which created an extension date of October 15, 2010. YOLANDA, however, willfully failed to file a 2009 return on or before October 15, 2010.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that they will likely serve all of the time imposed by the court. In the federal system, they do have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Federal Bureau of Investigation, the Criminal Investigation Division of the Internal Revenue Service, and the U.S. Secret Service.
Shawn Anthony Fernandez Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Helena, on October 25, 2013, before U.S. District Judge Sam E. Haddon, SHAWN ANTHONY FERNANDEZ, a 49-year-old resident of Butte, was sentenced to a term of:
- ison: 48 months
- ecial Assessment: $100
- pervised Release: 5 years
FERNANDEZ was sentenced in connection with his guilty plea to conspiracy to possess with the intent to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Paulette L. Stewart, the government stated it would have proved at trial the following:
From approximately December 2011 until approximately July 2012, FERNANDEZ and others possessed with the intent to distribute methamphetamine in Butte and other places in Montana. The methamphetamine came from Las Vegas for distribution in the Butte area.
FERNANDEZ was arrested by law enforcement on July 29, 2012, with approximately 110 grams of pure methamphetamine in the trunk of his vehicle and hidden in the bottom of a cereal box.
FERNANDEZ admitted to this conduct when interviewed by law enforcement. This information was confirmed through the interview of other witnesses. Money Gram records also confirmed FERNANDEZ's admissions.
A laboratory analysis confirmed the presence of methamphetamine that was confiscated by law enforcement during their investigation.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that he will likely serve all of the time imposed by the court. In the federal system, he does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the U.S. Department of Homeland Security - Homeland Security Investigations, the Butte-Silver Bow Law Enforcement, and the Drug Enforcement Administration Lab.
Joshua Hampton Murphy Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Butte, on October 25, 2013, before U.S. District Judge Sam E. Haddon, JOSHUA HAMPTON MURPHY, a 29-year-old resident of Flint, Michigan, was sentenced to a term of:
- ison: 120 months
- ecial Assessment: $100
- pervised Release: 8 years
MURPHY was sentenced in connection with his guilty plea to conspiracy to distribute 100 or more grams of heroin.
In an Offer of Proof filed by Assistant U.S. Attorney Timothy J. Racicot, the government stated it would have proved at trial the following:
In August 2012, law enforcement officers received information that Blair Clymer was selling prescription pills in the Bozeman area.
In October 2012, they received information that she was selling heroin.
On December 2, 2012, an anonymous male advised the Bozeman Police Department that Clymer was selling heroin in Bozeman. The man misspelled Clymer's name, but provided a physical description and said that Clymer was originally from Michigan. The man said he was providing information because Clymer got his friend addicted to heroin.
During the week of December 10, 2012, a DEA agent in Flint, Michigan told a detective with the Missouri River Drug Task Force (MRDTF) he had learned that Clymer had been receiving shipments of heroin in Montana from a man in Michigan named Joshua Hampton Murphy.
On January 4, 2013, the DEA agent located two USPS shipping labels from the post office in Flint, Michigan, which indicated packages were sent to Clymer on December 27, 2012.
On January 9, 2013, MRDTF made a controlled purchase of five "points" of heroin from Clymer for $350. The heroin received from Clymer was packaged in individual "jeweler's" style bags with batman symbols on them. The bags, including the heroin, weighed approximately one gram.
On January 17, 2013, the DEA in Flint, Michigan intercepted a package intended for Clymer. During a subsequent search, law enforcement officers discovered the package contained a bubble-wrapped jar of peanut butter and the seal on the peanut butter had been broken. Inside the jar they located three separate plastic bags. Two of the bags contained what the DEA listed as "pharmaceutical controlled substances" and one package contained 90 gross grams of heroin.
After reviewing surveillance video from the post office in Flint, Michigan, the DEA was able to see that the package had been shipped by a person believed to be MURPHY. The tracking number for the package was EH807537175US. Law enforcement eventually discovered a series of text messages between MURPHY and Clymer on January 19, 2013, during which MURPHY provided Clymer with that tracking number.
On January 25, 2013, Clymer contacted a U.S. Postal Inspector to inquire as to the whereabouts of the package that was intercepted by the DEA in Michigan on January 17.
On January 29, 2013, MRDTF agents made a controlled purchase of five points of heroin from Clymer for $350. The heroin received from Clymer was packaged in individual baggies. The baggies and the heroin had a combined weight of 0.8 grams.
On February 1, 2013, MRDTF agents made another controlled purchase of heroin from Clymer. During that transaction, a confidential informant paid Clymer $400 and received seven points of heroin in baggies that had a Nike "Swoosh" and Batman symbols on them. The total weight of the seven bags and the heroin was 1.1 grams. During this controlled purchase MURPHY was identified as being with Clymer.
On February 7, 2013, the DEA in Michigan informed the MRDTF that the U.S. Postal Inspector in Michigan had identified another package being sent to a salon in Bozeman, from a person believed to be MURPHY. The DEA and a postal inspector searched the package pursuant to a search warrant and found that it contained a peanut butter jar with approximately 45 grams of heroin, among other items. This package was sent to the Postal Inspector in Montana who assisted the MRDTF with a controlled delivery of the package on February 9, 2013. A search of Clymer's cell phone on February 27, 2013, included a text conversation between Clymer and MURPHY where Clymer provided MURPHY the "To" and "From" addresses to be used for the package. MURPHY later provided the tracking number for the package of EG937161986US, which was the same number on the package received by the Postal Inspector for the controlled delivery.
On February 9, 2013, the MRDTF performed a controlled delivery of the package sent by MURPHY to the salon. During the controlled delivery, both the addressee and Clymer were present in the business. Clymer was found to be in possession of 12 individual jewelry-style baggies containing heroin that weighed a total of 2.9 grams.
Additional investigation revealed that Clymer used Money Gram to send money to MURPHY. Records were subpoenaed and analyzed. From August 29, 2012 to January 30, 2013, Clymer sent approximately $9,700 from Montana to MURPHY in Michigan.
On May 23, 2013, law enforcement officers in Michigan arrested MURPHY for his involvement in the conspiracy in this case. After he was arrested, MURPHY admitted that he had been sending heroin to Clymer in Montana.
Clymer pled guilty to federal charges.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that MURPHY will likely serve all of the time imposed by the court. In the federal system, MURPHY does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Federal Bureau of Investigation, the Missouri River Drug Task Force, the Drug Enforcement Administration in Michigan, and the U.S. Postal Inspection Service.
Jonathan W. Walker Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on October 24, 2013, before U.S. District Judge Sam E. Haddon, JONATHAN W. WALKER, a 29-year-old resident of Billings, was sentenced to a term of:
- ison: 24 months
- ecial Assessment: $200
- pervised Release: 3 years
WALKER was sentenced in connection with his guilty plea to (2) counts of possession of stolen firearms.
In an Offer of Proof filed by Assistant U.S. Attorney Brendan P. McCarthy, the government stated it would have proved at trial the following:
In May of 2012, a resident of Billings (L.L.) reported to the police that several items, including numerous firearms, were stolen from his home while his was out of the country for work. At a local pawn shop, L.L. recognized some of his stolen property. The store's records showed that WALKER had sold the items to the store. The store's records further revealed that WALKER had pawned about ninety items in a one to two week period. One of the items WALKER pawned was an Interarms, model Virginia Dragoon, .44 magnum revolver, which was one of the firearms L.L. reported missing.
On November 8, 2012, there was a report of numerous burglaries at a storage facility in Billings. One individual, J.O. reported that two of his firearms were stolen, including a Mossberg pump action, wood stock shotgun.
On November 18, 2012, Billings resident J.K. reported that sometime between November 17th and 18th someone broke into his vehicle and stole numerous items including a Savage Model 16 caliber .300 rifle.
On January 3, 2013, a detective with the Billings Police Department went to a store as part of his investigation into numerous burglaries in Billings. An employee informed the detective that a couple months prior he had bought two firearms from WALKER. He stated that he personally purchased the firearms and it was not related to the store where he was employed. The employee first purchased a Savage Model 16 caliber .300 rifle. Two weeks later, he purchased a Mossberg .12 gauge shotgun.
The employee stated that WALKER sold the firearms out of a U-Haul truck. When the employee purchased the firearms, he also saw many other items such as books, dolls, and couches in the U-Haul.
Detectives continued to investigate a string a burglaries at the storage facility. They learned that during the time period that the burglaries allegedly occurred, the passcode of one renter, B.C., was used numerous times to enter the facility. Detectives then spoke with B.C. and she stated that a man who lived in her apartment complex, T.B., had offered to clear out the items from her storage unit.
Detectives then spoke with T.B. T.B. admitted to using B.C.(s password to gain entry into the facility. He and two other people, WALKER and A.L., would steal items from other peoples' storage units. T.B. said that WALKER would cut the locks and then they would steal the items. WALKER and A.L. would use a U-Haul truck to load the stolen items. WALKER also rented his own unit at the facility, and they would keep the stolen items there before transporting them to a different location.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that he will likely serve all of the time imposed by the court. In the federal system, he does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Billings Police Department.
Informational: Federal Court Initial AppearancesRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on October 24, 2013, before U.S. Magistrate Judge Keith Strong, the following individuals were arraigned:
SHANE HIAWATHA DENNY, a 37-year-old resident of Box Elder, appeared on charges of assault with intent to commit murder, assault with a dangerous weapon, and assault resulting in serious bodily injury. He is currently detained. If convicted of these charges, DENNY faces possible penalties of 20 years in prison, a $250,000 fine, and 3 years supervised release on the first charge; and 10 years in prison, a $250,000 fine, and 3 years supervised release on each of the last two charges. Assistant U.S. Attorney Danna R. Jackson is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
TYLER LEE BALIBARDIN, a 21-year-old resident of Tacoma, Washington, appeared on (3) charges of sexual abuse of a minor. He is currently released on special conditions. If convicted of these charges, BALIBARDIN faces possible penalties of 15 years in prison, a $250,000 fine, and lifetime supervision on each charge. Assistant U.S. Attorney Ryan G. Weldon is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
GUILLERMO QUINTERO REGINO, a 43-year-old resident of San Diego, California, appeared on charges of conspiracy to distribute cocaine and conspiracy to distribute heroin. He is currently detained. If convicted of these charges, REGINO faces possible penalties of a mandatory minimum of 10 years in prison and could be sentenced to life, a $10,000,000 fine, and 5 years supervised release on each charge. Assistant U.S. Attorney Tara J. Elliott is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
MICHAEL NOLEMANA LOPES, age 27, and LAURA LYNN SEVERANCE, age 26, residents of Helena, each appeared on charges of conspiracy to possess with the intent to distribute methamphetamine, possession with the intent to distribute methamphetamine, and possession of a firearm in furtherance of a drug-trafficking crime. They are currently detained. If convicted of these charges, they each face possible penalties of a mandatory minimum of 5 years in prison and could be sentenced to 40 years, a $5,000,000 fine, and 4 years supervised release on each of the first (2) charges. In addition, they each face an additional mandatory minimum of 5 years in prison, consecutive to any other sentence, for the possession of a firearm in furtherance of a drug-trafficking crime. Assistant U.S. Attorney Michael S. Lahr is the prosecutor for the United States. The investigation was conducted by the Drug Task Force.
The defendants pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Informational: Federal Court Initial AppearancesRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on October 25, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, the following individuals were arraigned:
CHARLES JOSEPH WALKS, a 29-year-old resident of Crow Agency, appeared on a charge of assault on a federal officer. He is currently detained. If convicted of this charge, WALKS faces possible penalties of 20 years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Lori Harper Suek is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
GEORGE MORRIS PARISIAN, age 50, and TAMMIE MARIE PARISIAN, age 49, residents of Shepherd, appeared on charges of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute methamphetamine, and money laundering. They are currently detained. If convicted of these charges, they each face possible penalties of a mandatory minimum of 10 years in prison and could be sentenced to life, a $4,000,000 fine, and 5 years supervised release on each of the first (2) charges; and 20 years in prison, a $500,000 fine, and 3 years supervised release on the last charge. Assistant U.S. Attorney Lori Harper Suek is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation Drug Task Force.
The defendants pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Informational: Federal Court Initial AppearancesRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on October 24, 2013, before U.S. Magistrate Judge Jeremiah C. Lynch, the following individuals were arraigned:
BARBARA SWEENEY, a 62-year-old resident of Noxon, appeared on a charge of theft of government funds. She is currently released on special conditions. If convicted of this charge, SWEENEY faces possible penalties of 10 years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Chad C. Spraker is the prosecutor for the United States. The investigation was conducted by the Social Security Administration - Office of Inspector General.
AMBER TYLER, a 31-year-old resident of Missoula, appeared on a charge of theft of government funds. She is currently released on special conditions. If convicted of this charge, TYLER faces possible penalties of 10 years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Chad C. Spraker is the prosecutor for the United States. The investigation was conducted by the U.S. Department of Health and Human Services - Office of Inspector General.
The defendants pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on October 18, 2013, before Chief U.S. District Judge Dana L. Christensen, the following individual was arraigned:
JAMES ZANDER, a 62-year-old resident of Great Falls, appeared on charges of attempt to evade or defeat income tax and corrupt endeavor to obstruct or impede the due administration of the Internal Revenue laws. He is currently released on special conditions. If convicted of these charges, ZANDER faces possible penalties of 5 years in prison, a $250,000 fine, and 3 years supervised release on the first charge; and 3 years in prison, a $250,000 fine, and 3 years supervised release on the second charge. Assistant U.S. Attorney Chad C. Spraker is the prosecutor for the United States. The investigation was conducted by the Criminal Investigation Division of the Internal Revenue Service.
The defendant pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on October 22, 2013, before Chief U.S. District Judge Dana L. Christensen, the following individual was arraigned:
GARCIA DURAN, a 35-year-old resident of Box Elder, appeared on charges of theft from an Indian Tribal organization. He is currently released on special conditions. If convicted of these charges, DURAN faces possible penalties of 10 years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Chad C. Spraker is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
The defendant pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on October 21, 2013, before U.S. Magistrate Judge Keith Strong, the following individual was arraigned:
ROBERT JAMES SCHEAFFER, JR., a 49-year-old resident of Harlem, appeared on a charge of sexual abuse of a minor. He is currently detained. If convicted of this charge, SCHEAFFER faces possible penalties of 15 years in prison, a $250,000 fine, and lifetime supervision. Assistant U.S. Attorney Jessica A. Betley is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation/
The defendant pled not guilty to the charge.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Heather Lynn Stiltner Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on October 23, 2013, before U.S. District Judge Sam E. Haddon, HEATHER LYNN STILTNER, a 35-year-old resident of Billings, was sentenced to a term of:
- ison: 136 months
- ecial Assessment: $100
- rfeiture: firearms
- pervised Release: 5 years
STILTNER was sentenced in connection with her guilty plea to possession with intent to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Brendan P. McCarthy, the government stated it would have proved at trial the following:
On October 5, 2012, employees from the UPS store in Billings flagged a suspicious package that was to be sent from Billings to Phoenix, Arizona. The package was intercepted at the UPS freight office on South 20th Street in Billings by a UPS investigator. The UPS investigator received consent from the store owner to open the package, and the package contained $11,000 in cash. The shipper of the package listed her address as a Billings address.
The investigator also discovered that since June of 2012 there were fifteen packages sent from the Billings address to the Phoenix address and fifteen packages sent from Phoenix to addresses in Billings. The investigator notified the Billings Police Department about the package. A Billings Police officer responded to the scene and a canine sniff test was performed. The canine positively identified the presence of narcotics.
On October 31, 2012, detectives spoke with the owner of the UPS store. The owner stated that one week earlier a woman came into the store inquiring about the package. The owner took a photo on his cell phone of the license plate on the car the woman was driving. The detectives then found that the vehicle was registered to STILTNER. The detectives obtained a photo of STILTNER and showed it to the UPS store employee. The employee identified STILTNER as the person who sent the suspicious package.
On November 2, 2013, detectives executed the search warrant for STILTNER's residence in Billings. Detectives found the following items during the search: a torch, 9mm ammunition, a digital scale, a safe, ammunition inside the safe, two cell phones with numerous text messages that appear to be related to drug distribution, $3,700 in U.S. currency, a crystalline substance in a plastic bag, a Bersa handgun B7449 under the mattress, a Pink Lady Revolver under the mattress, a pink piece of paper with the Phoenix address on it, a rifle and magazine inside a black gun case, and additional plastic bags with crystal substance.
The total amount of methamphetamine seized from STILTNER's residence was 306.49 grams. The methamphetamine was subsequently sent to the DEA laboratory for testing, and the results revealed that the total amount of actual (pure) methamphetamine was 253 grams.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that she will likely serve all of the time imposed by the court. In the federal system, she does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Federal Bureau of Investigation Task Force.
Edna Cuts the Rope Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on October 24, 2013, before U.S. District Judge Sam E. Haddon, EDNA CUTS THE ROPE, a 34-year-old resident of Billings, was sentenced to a term of:
- ison: 76 months
- ecial Assessment: $100
- pervised Release: 5 years
CUTS THE ROPE was sentenced in connection with her guilty plea to possession with the intent to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica T. Fehr, the government stated it would have proved at trial the following:
In October of 2010, the FBI Safe Streets Task Force (BSSSTF) received information about a large scale methamphetamine distribution organization operating in Yellowstone County.
In the spring of 2011, law enforcement began performing electronic surveillance on Carlos Menjivar, an individual living in Billings. Investigators discovered that Menjivar, Dawn Marie Menjivar, and Armando Hernandez-Vaca began supplying the larger methamphetamine organization in late 2010 with methamphetamine after the prior source of supply had a run in with law enforcement. During the investigation law enforcement learned that Armando Hernandez-Vaca delivered methamphetamine to Carlos Menjivar, his co-conspirator, Dawn Marie Menjivar, and several other individuals from approximately April 2011 to October 2011. Hernandez-Vaca regularly transported two to three pounds of methamphetamine per trip during his involvement in the conspiracy.
In approximately July of 2011, Carlos Menjivar was incarcerated on non-drug related charges. Dawn Marie Menjivar took over the distribution of methamphetamine and collection of money for the organization.
As the investigation developed, agents began purchasing methamphetamine from an individual in Billings. The individual introduced the undercover agents to his source of supply, CUTS THE ROPE. CUTS THE ROPE was known to investigators as a methamphetamine distributor who at one time received methamphetamine from Micah Waltenbaugh. Agents had also heard from individuals on the street, as well as informants, that Waltenbaugh was distributing methamphetamine, with his source of supply Carlos Menjivar. This same information was confirmed through jail house phone calls between the Menjivars. CUTS THE ROPE then began distributing methamphetamine directly to the individual in quantities ranging from "eight balls" to half-ounces at a time.
The individual in Billings was later signed up as an FBI Confidential Human Source (CHS), and continued to make methamphetamine purchases directly from CUTS THE ROPE. In all, the CHS purchased a total of 53.3 grams of methamphetamine from CUTS THE ROPE. CUTS THE ROPE also enlisted the CHS for rides to purchase plastic baggies, cutting agents, as well as to pay debts to her source of supply and to get more methamphetamine from her source.
In July of 2011, CUTS THE ROPE's source of supply for methamphetamine was identified as Armando Hernandez-Vaca. Agents watched CUTS THE ROPE meet with Hernandez-Vaca to obtain methamphetamine, which the agents then purchased from CUTS THE ROPE.
From July 2011, and continuing thereafter until late January 2012, CUTS THE ROPE possessed with the intent to distribute at least 500 grams of a substance containing a detectable amount of methamphetamine, including the 53.3 grams she sold directly to the CHS.
Carlos and Dawn Menjivar, Hernandez-Vaca, and Waltenbaugh pled guilty to federal charges.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that CUTS THE ROPE will likely serve all of the time imposed by the court. In the federal system, CUTS THE ROPE does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Billings Big Sky Safe Streets Task Force.
Tony Ray Many Guns Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on October 21, 2013, before Chief U.S. District Judge Dana L. Christensen, TONY RAY MANY GUNS, a 36-year-old resident of Browning and an enrolled member of the Blackfeet Tribe, was sentenced to a term of:
- ison: 30 months
- ecial Assessment: $100
- pervised Release: 3 years
MANY GUNS was sentenced in connection with his guilty plea to assault resulting in serious bodily injury.
In an Offer of Proof filed by Assistant U.S. Attorney Ryan G. Weldon, the government stated it would have proved at trial the following:
On February 28, 2013, MANY GUNS' wife was sleeping at a friend's home in Browning, which is within the exterior boundaries of the Blackfeet Indian Reservation. At approximately 2:00 a.m., MANY GUNS showed up at the residence after drinking "downtown." He knocked on the bedroom window so that his wife would let him inside, but she did not open the window. MANY GUNS instead entered the house through the front door and was angry that his wife failed to aid in his entrance. While they were both in bed, MANY GUNS began to hit his wife by striking her in the mouth and in the cheek with a closed fist. The victim started to return blows but soon rolled onto her stomach and buried her face in the mattress in an effort to protect herself.
MANY GUNS continued to hit the victim and eventually stuck her index finger in his mouth and bit down "as hard as he could." In an effort to get MANY GUNS to release her finger, the victim used her left hand to dig into MANY GUNS' eye. MANY GUNS let go and then used both of his hands to strangle the victim. The victim recalled making gasping and choking noises and began to pray out loud. MANY GUNS said, "You better pray."
The physical altercation stopped for a short time, and MANY GUNS told the victim that he wanted something to eat. He mad the victim go with him. Once in the kitchen, the victim said something that angered him. MANY GUNS responded by slamming her into the wall near the refrigerator. He then grabbed the victim around the neck and strangled her until she lost consciousness. The victim did not know how long she was unconscious, but when she regained consciousness, MANY GUNS was holding her up by her arms in the same spot. She reached out and pushed at MANY GUNS and slapped him in the face. MANY GUNS returned fire, using a closed fist to strike her in the mouth, which caused bleeding. MANY GUNS gave the victim a towel and said, "Don't bleed on my floor."
The next day, the victim soaked her finger in an attempt to prevent infection. The victim eventually told him, "It felt like you were [going] [to] bite my finger off." MANY GUNS responded, "I was trying to." He then told her that she should not try to fight back.
The victim went to the hospital because her finger became infected and she was unable to move it. The injury to the victim's finger was extremely painful. She received Lortab, which is a narcotic drug, for the pain and was required to go through IV therapy.
On March 4, 2013, MANY GUNS was interviewed about the victim's finger. MANY GUNS initially said that he did not remember anything happening to the victim's finger. After further questioning, MANY GUNS eventually recalled that the victim was upset and yelled that she hated him. While trying to get the victim to calm down, MANY GUNS stated that the victim reached forward and pressed a finger into his eyes. MANY GUNS claimed that was when he bit her finger. MANY GUNS acknowledged that he bit the victim's finger for one minute and remembered that she was screaming, crying, and bleeding profusely.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that he will likely serve all of the time imposed by the court. In the federal system, he does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Federal Bureau of Investigation and the Bureau of Indian Affairs.
Thomas Mark Marceau Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on October 22, 2013, before Chief U.S. District Judge Dana L. Christensen, THOMAS MARK MARCEAU, a 28-year-old resident of Browning and an enrolled member of the Blackfeet Tribe, was sentenced to a term of:
- ison: 48 months
- ecial Assessment: $200
- pervised Release: 15 years
MARCEAU was sentenced in connection with his guilty plea to (2) counts of abusive sexual contact.
In an Offer of Proof filed by Assistant U.S. Attorney Ryan G. Weldon, the government stated it would have proved at trial the following:
X.X. disclosed to an FBI agent that MARCEAU had molested him. The assault occurred sometime between the years of 2007 through 2009, and X.X. was less than 12-years-old during the commission of the offense, which occurred within the exterior boundaries of the Blackfeet Indian Reservation. MARCEAU was in his early twenties.
When interviewed about the sexual assault of X.X., MARCEAU stated that he was close with X.X. When asked about the inappropriate contact that he had with X.X., MARCEAU acknowledged that such sexual contact occurred.
Y.Y. was also less than 12-years-old when he disclosed to law enforcement that MARCEAU had molested him. The molestations perpetrated against Y.Y. occurred between 2007 and 2012. As with X.X., MARCEAU was in his twenties when the molestations against Y.Y. occurred. Y.Y. explained that MARCEAU had been molesting him since Y.Y. was 6-years-old.
Agents also interviewed MARCEAU about sexual contact with Y.Y. MARCEAU admitted that the sexual contact occurred.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that he will likely serve all of the time imposed by the court. In the federal system, he does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Federal Bureau of Investigation and the Bureau of Indian Affairs.
Nelson Travis Alexander Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on October 22, 2013, before Chief U.S. District Judge Dana L. Christensen, NELSON TRAVIS ALEXANDER, a 47-year-old resident of Box Elder and an enrolled member of the Chippewa Cree Indian Tribe, was sentenced to a term of:
- ison: 27 months
- ecial Assessment: $100
- pervised Release: 3 years
ALEXANDER was sentenced in connection with his guilty plea to assault resulting in serious bodily injury.
In an Offer of Proof filed by Assistant U.S. Attorney Danna R. Jackson, the government stated it would have proved at trial the following:
On December 2, 2012, ALEXANDER intentionally assaulted K.A., striking her in the face with his closed fists and causing her serious bodily injury.
ALEXANDER's assault on K.A. came without warning, breaking her nose, fracturing her jaw, and causing extreme swelling to her face. She was flown to the hospital in Great Falls and hospitalized for several days.
The assault occurred within the exterior boundaries of the Rocky Boy(s Indian Reservation.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that ALEXANDER will likely serve all of the time imposed by the court. In the federal system, ALEXANDER does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Federal Bureau of Investigation.
Martha Mae Mitchell Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on October 22, 2013, before Chief U.S. District Judge Dana L. Christensen, MARTHA MAE MITCHELL, a 57-year-old resident of Box Elder and an enrolled member of the Chippewa Cree Tribe, was sentenced to a term of:
- ison: 63 months
- ecial Assessment: $100
- pervised Release: 3 years
MITCHELL was sentenced in connection with her guilty plea to assault resulting in serious bodily injury.
In an Offer of Proof filed by Assistant U.S. Attorney Danna R. Jackson, the government stated it would have proved at trial the following:
On January 23, 2013, MITCHELL became frustrated when a 9-month-old child would not stop crying. MITCHELL told law enforcement that she twisted the baby's legs and both arms causing injuries to them. MITCHELL further told law enforcement that she was "shocked and disgusted" at herself. The crime occurred within the exterior boundaries of the Rocky Boy's Indian Reservation.
Medical evidence would have shown that the victim suffered fractures to all four of the baby's limbs. The victim was hospitalized for a week. The medical evidence would also show that the victim sustained additional injuries that may not be attributed to MITCHELL's conduct.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that she will likely serve all of the time imposed by the court. In the federal system, she does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Federal Bureau of Investigation.
Krystel A. Buckland Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on October 23, 2013, before U.S. District Judge Donald W. Molloy, KRYSTEL A. BUCKLAND, a 32-year-old resident of Billings, was sentenced to a term of:
- obation: 4 years
- ecial Assessment: $100
- stitution: $15,333
BUCKLAND was sentenced in connection with her guilty plea to acquiring a controlled substance by subterfuge.
In an Offer of Proof filed by Assistant U.S. Attorney Brendan P. McCarthy, the government stated it would have proved at trial the following:
On August 19, 2012, a task force officer with the Drug Enforcement Administration (Drug Enforcement Administration) received a phone call from the pharmacy district manager for the K-Mart in Billings. The manager indicated that there were numerous prescription pills missing from the pharmacy department. The prescription pills first started to appear missing in February of 2012.
K-Mart then installed video cameras in the pharmacy department. On August 29, 2012, BUCKLAND, a pharmacist at the store, was seen on the video camera entering into the pharmacy after pharmacy hours and stealing numerous prescription pills. The video showed BUCKLAND taking the pills and then stuffing them into her clothing. BUCKLAND had been hired in February of 2012.
On August 31, 2012, BUCKLAND was interviewed by a DEA task force officer. She admitted that she did steal all of the prescription pills, and that she started stealing pills when she first began working at K-Mart. According to BUCKLAND, she used all of the pills herself. She indicated that she would use approximately 100 pills per day. After the interview, BUCKLAND gave consent to search her car and recovered numerous pill bottles and a small amount of pills in the vehicle.
The records from K-Mart indicate that approximately 18,000 hydrocodone and oxycodone pills were taken from the pharmacy from February of 2012 through August of 2012.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that he will likely serve all of the time imposed by the court. In the federal system, he does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Drug Enforcement Administration.
Karrie Marie Stoltenberg Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney(s Office announced that during a federal court session in Billings, on October 23, 2013, before U.S. District Judge Sam E. Haddon, KARRIE MARIE STOLTENBERG, a 40-year-old resident of Billings, pled guilty to conspiracy to possess with the intent to distribute methamphetamine. Sentencing has been set for March 3, 2013. She is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Brendan P. McCarthy, the government stated it would have proved at trial the following:
During the course of an investigation into the sales of methamphetamine by X.X. and Z.Z. in the Billings area, agents learned that X.X. had kept a safe containing methamphetamine at STOLTENBERG's residence in the Billings Heights. Agents confirmed through multiple sources that STOLTENBERG allowed X.X. to keep the safe at her house from October to November of 2012. Agents also confirmed from one source that STOLTENBERG knew that the safe contained methamphetamine. Additionally, one of the sources of information admitted that she stole the safe from STOLTENBERG's residence in November of 2012, and the safe contained less than a pound of methamphetamine.
STOLTENBERG faces possible penalties of 20 years in prison, a $1,000,000 fine and 3 years supervised release.
The investigation was conducted by the Eastern Montana High Intensity Drug Task Force (HIDTA).
Joseph Daniel Bahr, Jr. Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on October 23, 2013, before U.S. District Judge JOSEPH DANIEL BAHR, JR., a 42-year-old resident of Lame Deer and an enrolled member of the Northern Cheyenne Tribe, was sentenced to a term of:
- ison: 70 months
- ecial Assessment: $100
- pervised Release: 7 years
BAHR was sentenced in connection with his guilty plea to attempted sexual abuse.
In an Offer of Proof filed by Assistant U.S. Attorney Lori Harper Suek, the government stated it would have proved at trial the following:
On June 23, 2011, the victim and a friend stayed overnight at BAHR's home in Lame Deer, which is within the boundaries of the Northern Cheyenne Indian Reservation. The victim, the friend, and BAHR were drinking that evening at BAHR's house. Between 10:00 p.m. and 11:00 p.m., the victim went to sleep in BAHR's daughter(s bedroom. Around 5:00 a.m. the next morning, the victim woke up with BAHR on top of her. The victim told BAHR numerous times to stop and to get off of her. Eventually, the victim was able to push BAHR off of her, get dressed, and leave BAHR's residence. Before leaving, the victim confronted BAHR about the sexual assault in the presence of the friend who was also staying at BAHR's home. BAHR admitted to having sexual intercourse with the victim during this confrontation and this admission was overheard by the friend.
The victim then left the residence and went home. She told her husband about the sexual assault, immediately reported the assault to the police, and then went to the hospital for a sexual assault examination.
BAHR was interviewed by law enforcement and despite the admission made by BAHR to the victim and overheard by the friend at BAHR's house, when confronted by the victim, BAHR denied that he had sex with the victim.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that he will likely serve all of the time imposed by the court. In the federal system, he does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Federal Bureau of Investigation and the Bureau of Indian Affairs.
Jess James Rutherford, Jr. Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on October 22, 2013, before Chief U.S. District Judge Dana L. Christensen, JESS JAMES RUTHERFORD, JR., a 28-year-old resident of Heart Butte and an enrolled member of the Blackfeet Tribe, was sentenced to a term of:
- ison: 24 months
- ecial Assessment: $100
- pervised Release: 3 years
RUTHERFORD was sentenced in connection with his guilty plea to assault resulting in serious bodily injury.
In an Offer of Proof filed by Assistant U.S. Attorney Ryan G. Weldon, the government stated it would have proved at trial the following:
On April 23, 2013, the victim was interviewed about the assault by RUTHERFORD. The victim and RUTHERFORD had dated for eight months. On the night in question, the victim stated that RUTHERFORD was drinking with his friends, and the friends left. The victim explained that she was also drinking and she lived in the house with RUTHERFORD at that time. Despite living together, RUTHERFORD locked the victim outside. The victim wanted back inside to get her bag. RUTHERFORD told her that he burned her bag but eventually let her inside.
The beating then ensued. RUTHERFORD threw the victim to the ground, stomped on her, and punched her repeatedly. Specifically, RUTHERFORD stomped on the victim's neck, back, and legs. He was hitting her with a "backhand" at first, but then, when she was on her belly, he started stomping on her, and eventually stomped on her chest. Pictures showed deep bruising on her chest.
The victim explained that RUTHERFORD was calling her names while he was hitting her. Her underwear were also torn. She stated that RUTHERFORD was trying to pull her pants down, and he ripped her underwear off. He was also dragging her around by the hair.
The victim stated that she was not knocked unconscious, and RUTHERFORD, when kicking her, was wearing regular tennis shoes. The victim did not know why RUTHERFORD stopped.
The beating lasted for approximately a half hour, beginning at 2:30 a.m. After the beating, the victim waited for RUTHERFORD to fall asleep so that she could leave. She then ran to a neighbor.
After arriving at the neighbor's house, the victim went to the hospital. The attending physician stated that the victim had two broken ribs on her left side. The victim also had a bilateral and impacted nasal fracture. The victim described her pain as a ten out of ten, with ten being the worst. The victim described in an interview two days after the assault that her fingers and mouth were still numb.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that he will likely serve all of the time imposed by the court. In the federal system, he does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Bureau of Indian Affairs.
Jess James Rutherford, Jr. Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on October 22, 2013, before Chief U.S. District Judge Dana L. Christensen, JESS JAMES RUTHERFORD, JR., a 28-year-old resident of Heart Butte and an enrolled member of the Blackfeet Tribe, was sentenced to a term of:
- ison: 24 months
- ecial Assessment: $100
- pervised Release: 3 years
RUTHERFORD was sentenced in connection with his guilty plea to assault resulting in serious bodily injury.
In an Offer of Proof filed by Assistant U.S. Attorney Ryan G. Weldon, the government stated it would have proved at trial the following:
On April 23, 2013, the victim was interviewed about the assault by RUTHERFORD. The victim and RUTHERFORD had dated for eight months. On the night in question, the victim stated that RUTHERFORD was drinking with his friends, and the friends left. The victim explained that she was also drinking and she lived in the house with RUTHERFORD at that time. Despite living together, RUTHERFORD locked the victim outside. The victim wanted back inside to get her bag. RUTHERFORD told her that he burned her bag but eventually let her inside.
The beating then ensued. RUTHERFORD threw the victim to the ground, stomped on her, and punched her repeatedly. Specifically, RUTHERFORD stomped on the victim's neck, back, and legs. He was hitting her with a "backhand" at first, but then, when she was on her belly, he started stomping on her, and eventually stomped on her chest. Pictures showed deep bruising on her chest.
The victim explained that RUTHERFORD was calling her names while he was hitting her. Her underwear were also torn. She stated that RUTHERFORD was trying to pull her pants down, and he ripped her underwear off. He was also dragging her around by the hair.
The victim stated that she was not knocked unconscious, and RUTHERFORD, when kicking her, was wearing regular tennis shoes. The victim did not know why RUTHERFORD stopped.
The beating lasted for approximately a half hour, beginning at 2:30 a.m. After the beating, the victim waited for RUTHERFORD to fall asleep so that she could leave. She then ran to a neighbor.
After arriving at the neighbor's house, the victim went to the hospital. The attending physician stated that the victim had two broken ribs on her left side. The victim also had a bilateral and impacted nasal fracture. The victim described her pain as a ten out of ten, with ten being the worst. The victim described in an interview two days after the assault that her fingers and mouth were still numb.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that he will likely serve all of the time imposed by the court. In the federal system, he does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Bureau of Indian Affairs.
Freddy Wayne Jimenez Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on October 22, 2013, before Chief U.S. District Judge Dana L. Christensen, FREDDY WAYNE JIMENEZ, a 40-year-old resident of Browning, was sentenced to a term of:
Prison: 210 months
Special Assessment: $1,000
Supervised Release: 3 years
JIMENEZ was sentenced after a federal district court trial in which he was found guilty of (6) counts of assault resulting in serious bodily injury, and (4) counts of assault with a dangerous weapon.
Assistant U.S. Attorney Ryan G. Weldon prosecuted the case for the United States.
At trial, the following evidence and testimony was presented to the jury.
In 2012, JIMENEZ beat and strangled his wife on two occasions. JIMENEZ's wife was left with broken ribs that were floating in her body, a fractured finger, and while strangling her, JIMENEZ said, "I'm gonna hurt you so bad you won't be able to do nothing."
Over a period of years, JIMENEZ also tortured his children. He cut them with machetes, hit them with metal bars, broke beer bottles over them, slammed them into vehicles. JIMENEZ even told outsiders that he wanted one of his sons dead and that he was going to kill his entire family. Although JIMENEZ claimed to have never touched his children, other than spanking one of them one time, JIMENEZ wrote a letter wherein he admitted, "I beat up my wife and kids."
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that he will likely serve all of the time imposed by the court. In the federal system, he does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Federal Bureau of Investigation and the Bureau of Indian Affairs.
Felipe Jesus Parra-Flores Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on October 21, 2014, before Chief U.S. District Judge Dana L. Christensen, FELIPE JESUS PARRA-FLORES, a 46-year-old resident of Nampa, Idaho and Medicine Lake, was sentenced to a term of:
Prison: 60 months
Special Assessment: $100
Forfeiture: computers and hard drives
Supervised Release: 15 years
PARRA-FLORES was sentenced in connection with his guilty plea to receipt of child pornography.
In an Offer of Proof filed by Assistant U.S. Attorney Cyndee L. Peterson, the government stated it would have proved at trial the following:
In May 2012, as part of a Montana Internet Crimes Against Children Task Force (ICAC) investigation, agents downloaded known child pornography files from an IP address they determined was in Medicine Lake. The agents determined the same computer was also accessing the Internet from an address in Nampa, Idaho (as well as Montana) from February 2012 through August 2012. Agents determined the common denominator between the two residences connected to those IP addresses was PARRA-FLORES.
A search warrant for the IP subscriber's Medicine Lake residence and PARRA-FLORES pickup truck was obtained. The IP subscriber was PARRA-FLORES' employer.
On September 9, 2012, agents executed the warrant. No one was at the residence. That afternoon, agents located PARRA-FLORES driving a semi-truck and trailer. PARRA-FLORES consented to the search of his truck. A laptop and external hard drives were located. PARRA-FLORES admitted they were his and signed a consent to search the items. PARRA-FLORES admitted there would be files depicting child pornography on his laptop, and that it was his child pornography.
The forensic examiner located over 1,000 files which depicted images and videos of child pornography on PARRA-FLORES' laptop and hard drives. A file sharing program (LimeZilla) was installed, and the examiner determined that some of the files depicting child pornography had been downloaded via the file sharing program. The file creation date range was August 2, 2012, through September 6, 2012.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that he will likely serve all of the time imposed by the court. In the federal system, he does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Internet Crimes Against Children Task Force (ICAC), the U.S. Department of Homeland Security - Homeland Security Investigations, Montana Department of Criminal Investigation, and the Customs and Border Patrol Air Interdiction.
Don Edward Lyle Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on September 24, 2013, before Chief U.S. District Judge Dana L. Christensen, DON EDWARD LYLE, a 53-year-old resident of Troy, was sentenced to a term of:
- ison: 36 months
- ecial Assessment: $100
- pervised Release: 5 years
LYLE was sentenced in connection with his guilty plea to conspiracy to possess with intent to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica A. Betley, the government stated it would have proved at trial the following:
In early April 2013, undercover law enforcement agents and a confidential informant (CI) began to buy methamphetamine from Jesus Heriberto Ramirez-Soto in Troy.
During the evening of April 5, 2013, the CI was with Ramirez and LYLE at Ramirez's home in Troy. The CI mentioned to Ramirez and LYLE that he had a friend who wanted to purchase methamphetamine.
The next day, on April 6, 2013, Ramirez called the CI and said that LYLE would be traveling to Kalispell with the methamphetamine. Later that evening, undercover agents met with LYLE in Kalispell. Stuart Morgan Pattie also accompanied LYLE on the methamphetamine deal. The agents paid LYLE $5,400 for three ounces of methamphetamine and received an additional ounce from LYLE with the understanding that the agents still owed LYLE for the last ounce.
On April 11, 2013, the CI placed a call to Ramirez to set up another methamphetamine deal. Ramirez told the CI that he could provide the CI's friends with pounds of methamphetamine. The agents called Ramirez and agreed to meet on Saturday, April 13, 2013, in Havre to buy methamphetamine. Ramirez agreed to sell the agents two pounds of methamphetamine for $50,000.
That afternoon, Ramirez met an agent in a parking lot and said his friends would be there shortly. Ramirez then discussed possible future drug deals and left the parking lot. A half hour later, LYLE and Pattie pulled up next to the agent. Pattie got out of the car and got into the agent's car with the methamphetamine wrapped in a shirt. Agents then arrested Ramirez, Pattie, and LYLE. Agents recovered more than 500 grams of a substance containing a detectable amount of methamphetamine.
Ramirez and Pattie pled guilty to federal charges.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that he will likely serve all of the time imposed by the court. In the federal system, he does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the U.S. Department of Homeland Security - Homeland Security Investigations and the Montana Division of Criminal Investigation.
Derek Tyson Bellamy Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on October 21, 2013, before U.S. District Judge Donald W. Molloy, DEREK TYSON BELLAMY, a 31-year-old resident of Billings, was sentenced to a term of:
- ison: 63 months
- ecial Assessment: $100
- pervised Release: 3 years
BELLAMY was sentenced after a federal district court trial in which he was found guilty of being a felon-in-possession of a firearm.
Assistant U.S. Attorney Brendan P. McCarthy prosecuted the case for the United States.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that he will likely serve all of the time imposed by the court. In the federal system, he does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Darryl Lynn Big Hair Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on October 24, 2013, before U.S. District Judge Sam E. Haddon, DARRYL LYNN BIG HAIR, a 41-year-old resident of Crow Agency, was sentenced to a term of:
- ison: 12 months
- ecial Assessment: $100
- pervised Release: 3 years
BIG HAIR was sentenced in connection with his guilty plea to the use of a communications facility (cell phone) to help bring about a conspiracy to possess with the intent to distribute marijuana.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica T. Fehr, the government stated it would have proved at trial the following:
On July 20, 2010, a Yellowstone County Sheriff(s Office Deputy initiated a traffic stop on a black 2010 Mercedes Benz SUV after running the license plate and determining that the owner had a valid arrest warrant. The owner of the vehicle, Joseph Chartraw, provided a false name to the deputy but ultimately admitted the individual's name. A narcotics-detecting K-9 was called to the scene and positively alerted on the vehicle for the presence of narcotic odors. The vehicle was impounded pending a search warrant application. A subsequent search yielded airline tickets, a cell phone, documents, $14,154 in cash, and user amounts of marijuana.
Pursuant to the search warrant, detectives had the cellular telephone seized from the vehicle analyzed. The contents revealed that Chartraw had been involved with selling hundreds of pounds of marijuana, as well as transporting tens of thousands of dollars in cash. Some of the text messages on the phone blatantly discussed prices for pounds of marijuana, smuggling bulk cash via the airlines, having bulk cash from drug proceeds deposited into bank accounts, and dealing marijuana to the Indian reservations in Montana. According to the text messages on the phone, marijuana was distributed to Browning, Polson, Crow Agency, as well as Havre, St. Ignatius, Great Falls, Missoula, Cut Bank, Lolo, and other places throughout Montana.
One of the subjects having drug-related communications with the owner of the vehicle stopped in Yellowstone County was BIG HAIR. On June 23, 2010, BIG HAIR and Chartraw exchanged a series of text messages arranging for BIG HAIR to pick up marijuana from one of Chartraw's distributors for future distribution to BIG HAIR's clients.
BIG HAIR was interviewed and admitted to distributing marijuana he purchased from Chartraw and to using his cellular telephone to arrange his drug deals with Chartraw in furtherance of the conspiracy.
Chartraw pled guilty to federal charges.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that he will likely serve all of the time imposed by the court. In the federal system, he does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the High Intensity Drug Trafficking Area (HIDTA) Task Force.
Bruce Wayne Eagleman, Jr. Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Helena, on October 24, 2013, before U.S. District Judge Sam E. Haddon, BRUCE WAYNE EAGLEMAN, JR., a 25-year-old resident of Crow Agency and an enrolled member of the Crow Tribe of Indians, was sentenced to a term of:
- ison: 405 months
- ecial Assessment: $100
- pervised Release: 5 years
EAGLEMAN was sentenced in connection with his guilty plea to second degree murder.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica A. Betley, the government stated it would have proved at trial the following:
On November 23, 2011, the Hardin City Court ordered EAGLEMAN to participate in the 24/7 sobriety program in Bighorn County. EAGLEMAN had just been arrested for disorderly conduct, criminal trespass to property, an open container violation, and possession of drug paraphernalia. He pleaded guilty to disorderly conduct after he admitted to drinking a gallon of gin on the day of his arrest.
The 24/7 sobriety program became law in Montana on October 1, 2011. The program is designed to address the most serious alcohol offenders in the state, and also, to verify that these people are not drinking and driving. Pursuant to this program, the Hardin Court ordered EAGLEMAN to take a breath test twice a day - the first between 7 a.m. and 9 a.m. and the second between 7 p.m. and 9 p.m.
The Hardin City Court was also familiar with EAGLEMAN due to his previous driving under the influence conviction. On July 11, 2008, EAGLEMAN pleaded guilty to driving under the influence of alcohol after he stated he drank twelve, 24-ounce, cans of beer. EAGLEMAN, who is 25-years-old, also has never had a valid driver(s license.
During the morning of December 29, 2011, EAGLEMAN's mother drove him from Crow Agency to Hardin to take his morning breath test. EAGLEMAN and his mother then returned to Crow Agency. Sometime in the early afternoon, EAGLEMAN took his mother's 2006 Dodge Durango and said he was leaving to go check the mail. Instead, EAGLEMAN left the house and met up with V.F.
EAGLEMAN and V.F. drove to a friend's house in Crow Agency. Everyone discussed driving to Hardin. Shortly thereafter, EAGLEMAN, V.F., and a friend drove to Hardin. EAGLEMAN drove his mother's Durango. EAGLEMAN and V.F. had already drank four malt liquors earlier in the afternoon. As EAGLEMAN drove to Hardin, the friend said EAGLEMAN began to drive more erratically.
EAGLEMAN first drove to a pawn shop, where he pawned a few items and received $10. EAGLEMAN used the $10 to buy a liter of Nikolai gin. EAGLEMAN next drove to another pawn shop. At the pawnshop, an employee observed that EAGLEMAN was extremely intoxicated. She saw EAGLEMAN leave and get in the driver's seat of the Durango.
After leaving the pawn shops, EAGLEMAN made a few more stops for gas and at another friend's house. Finally, he drove to the grocery store where he purchased two cans of Mike's Hard Lemonade and left the store. EAGLEMAN dropped the friend off in Hardin, which left just V.F. in the car with EAGLEMAN. EAGLEMAN then drove back to Crow Agency.
EAGLEMAN drove back to Crow Agency by way of the two-lane East Frontage Road. Initially he drove in the correct lane of travel - the southbound lane. At approximately 5:40 p.m., however, EAGLEMAN crossed into the northbound lane of the road and directly in front of S.S.'s oncoming car. S.S. attempted to drive to the left to avoid the oncoming crash, but was unsuccessful. The passenger side of EAGLEMAN's Durango collided with the passenger side of S.S.'s car in the northbound lane of traffic - the correct lane of traffic for S.S. A witness drove up almost immediately thereafter and saw EAGLEMAN in the driver's seat of the Durango.
Responding medical and law enforcement saw that V.F. was still alive, but he could not breathe well. He died shortly thereafter. S.S. had two other passengers in her car, both of whom died on scene. An ambulance transported S.S. to the hospital where she died. EAGLEMAN suffered minor injuries and was released from the hospital. Soon after the crash, at 6:52 p.m. that evening, his blood alcohol content was .257. He also tested positive for opiates and THC.
Bruce Eagleman killed four people on the Crow Indian Reservation while driving drunk. The Montana United States Attorney's Office takes very seriously the danger of drunk driving in Indian Country. This sentence imposed today will not bring back the four people he killed, but it will justly punish Mr. Eagleman for his actions and serve as deterrence to the general public from engaging in similar criminal conduct." said U.S. Attorney Michael W. Cotter.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that EAGLEMAN will likely serve all of the time imposed by the court. In the federal system, EAGLEMAN does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Federal Bureau of Investigation, the Montana Highway Patrol, and the Bureau of Indian Affairs.
Mary Agnes Leider Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on October 22, 2013, before U.S. District Judge Donald W. Molloy, MARY AGNES LEIDER, a 25-year-old resident of Crow Agency and an enrolled member of the Crow Tribe of Indians, was sentenced to a term of:
- ison: 262 months
- ecial Assessment: $100
- stitution: $11,113.25
- pervised Release: 5 years
LEIDER was sentenced in connection with her guilty plea to second degree murder.
In an Offer of Proof filed by Assistant U.S. Attorneys Jessica T. Fehr and Lori Harper Suek, the government stated it would have proved at trial the following:
On December 3, 2012, at approximately 4:06 a.m., 911 operators from the Big Horn County Sheriff's Office began receiving phone calls that they identified as coming from the area of mile marker 11 on Highway 313, south of Hardin. Operators dispatched law enforcement and an ambulance in response.
When they arrived at the scene, law enforcement found LEIDER and her brother, A.L., sitting off to the side of the road, crying uncontrollably. LEIDER told law enforcement that her baby was "gone", and had been hit by a vehicle. As additional law enforcement officers arrived, there was another 911 call that dispatched additional law enforcement to mile marker 19, Highway 313, to respond to another 911 emergency call regarding a deceased 3-year-old child. Upon arrival at the scene, law enforcement were met by G.D. and her son, W.L. G.D. is the mother of LEIDER, A.L., and W.L. G.D. took an officer to her car, where the officer found a 3-year-old female. The child was examined and appeared to already be deceased. The child was identified as LEIDER's daughter.
Later on that day, law enforcement interviewed G.D. She advised that her daughter, LEIDER, and her two sons had been out partying during the evening of December 2, 2012, and had taken the victim with them. G.D. reported that she had repeatedly called and text-messaged her children in order to have LEIDER come home with the victim, but LEIDER refused. Early in the morning hours of December 3, 2012, G.D. reported that she left to find LEIDER and the victim, and was traveling towards Hardin. As she was traveling north on Highway 313, she saw LEIDER's pickup traveling towards her. Both vehicles stopped, and G.D. saw that LEIDER's pickup was being driven by W.L. W.L. told Ms. Denny that something was wrong with the victim - LEIDER's three-year-old daughter. G.D. saw the victim in the back seat, and realized she was not breathing and not responsive. W.L. told G.D. that LEIDER had thrown the victim from the pickup. When G.D. picked the victim up, she saw blood coming from the back of her head. She called an ambulance and put the victim in her car.
W.L. was interviewed by law enforcement and reported that he was driving LEIDER's pickup early in the morning on December 3, 2012. W.L. reported that LEIDER was seated in the front passenger's seat, with the victim on her lap. At the time, the victim was quiet, but awake. While they were driving south towards St. Xavier, LEIDER opened the front passenger door with her right hand, and threw the victim out of the moving pickup. W.L. and the reconstructionist from the Montana Highway Patrol estimated the truck was traveling between 45 and 51 miles per hour at the time the victim was thrown from the truck. W.L. stopped as fast as he could, and threw LEIDER out of the truck with A.L. W.L. went back down the road behind the truck to where the victim was lying in the roadway. W.L. reported that he knew she was dead, but carried her back to the truck and placed her in the back seat. He began driving towards home, leaving LEIDER and his brother A.L. by mile marker 11 where they were ultimately found by law enforcement a short time later.
Following the arrival of law enforcement at the scene, LEIDER was taken to Hardin Memorial Hospital to have her blood drawn, and for treatment for abrasions to her face. Her blood alcohol level was found to be over a .24 when analyzed by the FBI Laboratory. While there, she alternated between saying, "I killed my baby" and claiming that the group had a car accident and that was how the victim had died. When questioned by law enforcement, LEIDER admitted that she had been driving around and drinking with her brothers, but claimed that she hit her face on the dashboard and could not recall how the victim was killed. LEIDER's pickup was impounded and towed to a law enforcement facility for analysis. The right front passenger door was analyzed by a professional mechanic and it was found that the door functioned properly.
An autopsy was conducted of the victim. Following the autopsy, the victim's probable cause of death was determined to be severe head injuries caused when thrown from a moving motor vehicle.
The crime occurred within the exterior boundaries of the Crow Indian Reservation.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that LEIDER will likely serve all of the time imposed by the court. In the federal system, LEIDER does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Bureau of Indian Affairs and the Federal Bureau of Investigation.
Former Blackfeet Tribal Chairman Sentenced to Prison in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on October 21, 2013, before Chief U.S. District Judge Dana L. Christensen, PATRICK CHARLES THOMAS, a 55-year-old resident of Cut Bank, was sentenced to a term of:
* Prison: 12 months, and 1 day
* Special Assessment: $100
* Restitution: $162,865.36
* Supervised Release: 3 years
THOMAS was sentenced in connection with his guilty plea to unlawful conversion of property he had pledged as security to obtain a series of loans from the Farm Services Agency. An agricultural borrower gives the FSA an interest in their livestock and crops, as well as identified pieces of property and equipment, to insure that the loan is secure and will not be left unpaid. It is illegal to dispose of that property without involving the FSA or providing the FSA with the proceeds of any sale.
THOMAS, a lifelong resident of the Blackfeet Reservation, served on the Blackfeet Tribal Business Council, the governing body of the Blackfeet Tribe, from 2004 to 2008; first in the position of Vice Chairman and then as Chairman.
In an Offer of Proof filed by Assistant U.S. Attorney Carl E. Rostad, the government stated it would have proved at trial the following:
THOMAS was a rancher/farmer near Cut Bank who obtained, over the years, numerous loans from the U.S. Department of Agriculture, Farm Services Agency (FSA). As part of that lending and borrowing relationship, THOMAS pledged as collateral all livestock, crops, and personal property.
Beginning in or before June of 2006, THOMAS began to sell off hay, grass (grazing), cattle, equipment, and other pledged assets without notifying the FSA of the transactions or the income generated from the sale of those assets.
On December 18, 2008, THOMAS submitted a balance sheet to support his application for financing through FSA showing he had 225 bred cows which would be used as collateral. The FSA had concerns regarding the actual number of cows. They had not been able to get an actual count of the cattle for some time and, when chattel inspections had been completed, it did not appear that there were as many cattle as they thought should be there. FSA conducted a count December 29, 2008, and located 169 head. When questioned about the discrepancy and the missing 59 head of cows, THOMAS stated they had gone down into Flat Coulee on his neighbor's place and he couldn't get them up.
On March 2, 2009, THOMAS was approved for a $65,000 annual operating loan from FSA which also rescheduled THOMAS's existing FSA loans. The projections used were based, in material part, on the cow numbers shown on the Security Agreement dated December 19, 2008, which showed 225 head of cows and 11 bulls.
On March 31, 2009, FSA performed an inspection and recorded approximately 180 head of cows. Later that year, in October 2009, without notifying or receiving the approval of the FSA, THOMAS sold 105 calves to a Nebraska-based cattle buyer without disclosing to the buyer that the calves were pledged as security to the FSA. THOMAS concealed the sale from the FSA and converted the proceeds - $49,776 - to his own use and benefit.
On February 22, 2010, FSA went to THOMAS's ranch to do a chattel inspection and cattle count for both the Farm Loan Program and for THOMAS's daughter's 2009 LIP claim. FSA counted 99 cows and 3 yearlings, of which 62 were THOMAS's and 6 of which belonged to his daughter. FSA representatives could not read the brand on the remaining 33 head.
On April 22, 2010, FSA and representatives of the Montana Department of Livestock went to THOMAS's ranch to count the cattle. The final tally that day was 81 head of cows, of which 70 had THOMAS's brand, and 11 had other family member's brands. There were also 53 head of unbranded calves. The numbers were significantly less than what FSA had collateralized - or believed to have collateralized on the basis of THOMAS's representations. These events prompted FSA to turn the case over to the Department of Agriculture's Office of Inspector General for criminal investigation. The subsequent investigation established that between June 11, 2006, and July 13, 2011, THOMAS disposed of and sold at least $162,865.36 in cattle, hay, equipment and other property he had pledged as a collateral to obtain FSA loans, and in which the FSA had a security interest, without the knowledge or approval of the FSA. Agent Monique Hirko-Damuth testified at THOMAS's sentencing hearing that she obtained the defendant's bank records and examined all deposits. On numerous checks the memo section identified the property purchased from THOMAS. She then compared the property sales to the list of pledged assets to determine the amount of secured property that THOMAS had sold without the approval of the FSA and which had not gone to satisfy THOMAS's indebtedness to the agency.
U.S. Attorney Mike Cotter called Judge Christensen's sentence "a sentence that promotes respect for the law. It warns those who endeavor to cheat a federal loan program --- a program that provides producers with financial opportunity and the tools to succeed in Montana's agricultural industry --- that their conduct will not go unnoticed or ignored. The integrity of FSA's lending program will be preserved and protected. Our response will be vigorous and the consequences of deception will be serious."
Cotter included the THOMAS case in the Guardian's Project even though he describes the case as an "external" attack on federal programs when the primary focus of the effort is on "internal" attacks by public officials. "An important component of the THOMAS prosecution was the allegation contained in the first count of the indictment relating to a fraudulent claim in the Keepseagle settlement". In Keepseagle v. Vilsak, a class action lawsuit was pursued by Native American farmers and ranchers alleging that they had been discriminated against by the U.S. Department of Agriculture (USDA) and that they had been denied equal access to credit in the USDA Farm Loan Program. As a result of that lawsuit, on April 28, 2011, a $760 million settlement with the USDA was approved, and claims were entertained from individual Native American producers who asserted that they had been discriminatorily aggrieved by the USDA in the lending process. "This office determined that the Keepseagle claim was best pursued by a civil false claims action against THOMAS and we anticipate bringing that action in the near future."
Because there is no parole in the federal system, the (truth in sentencing( guidelines mandate that THOMAS will likely serve all of the time imposed by the court. In the federal system, THOMAS does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
Douglas Vance Crooked Arm and Kenneth G. Shane Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on October 22, 2013, before U.S. District Judge Donald W. Molloy, DOUGLAS VANCE CROOKED ARM, age 36, and KENNETH G. SHANE, age 45, residents of Crow Agency, were sentenced.
CROOKED ARM was sentenced to a term of:
- obation: 4 years, with 6 months electronic monitoring
- ecial Assessment: $200
- stitution: $3,000
SHANE was sentenced to a term of:
- obation: 1 year
- ecial Assessment: $200
- stitution: $3,000
They were sentenced in connection with their guilty pleas to conspiracy to traffic in eagles and migratory birds, and unlawfully trafficking in migratory birds.
In an Offer of Proof filed by Assistant U.S. Attorney Mark S. Smith, the government stated it would have proved at trial the following:
Operation Hanging Rock" was a U.S. Fish & Wildlife Service investigation into the unlawful sale of migratory bird feathers. As part of that operation, on August 17, 2008, FWS Special Agents (SAs) went to the Crow Fair in Crow Agency. While there undercover, the agents encountered SHANE and his brother-in-law, CROOKED ARM. SHANE gave the agents his contact information and invited them to visit his house.
On November 13, 2008, the agents met with SHANE and CROOKED ARM at SHANE's father's house, south of Garryowen. An agent noticed two golden eagles flying around the area, and said to the other agent, "There's your tail, Liz." SHANE asked "Are you looking for tails?" The agent told SHANE she needed a fan for her dress. SHANE said "My brother-in-law (CROOKED ARM) has got some made, beaded and everything. He likes to hunt and everything." SHANE said "My brother-in-law got some white-tail buck and a muley buck and he is going to leave the carcasses out there." SHANE said CROOKED ARM was "bringing his carcasses out because that's what we're hunting right now," indicating they would put out the carcasses as bait to attract eagles. SHANE also said, "We put the carcass out here and we drive up and ... the black and whites haven't been so good lately, we are waiting for some more snow."
SHANE called CROOKED ARM's cell phone, asked him whether he had any fans for sale. SHANE told CROOKED ARM that the agents might be interested in purchasing them. SHANE then generally pointed out areas where he and CROOKED ARM placed deer and elk carcasses for hunting hawks and eagles. CROOKED ARM arrived at the residence and showed the agents parts of deer carcasses lying in the back of his truck. The agents asked CROOKED ARM if he needed help putting carcasses out, but CROOKED ARM said he could do it himself. One of the agents asked CROOKED ARM how he could get nice deer like those. CROOKED ARM responded, "Poach." The group noticed a golden eagle flying nearby, and SHANE told CROOKED ARM to drop a carcass in that area.
CROOKED ARM then removed one immature golden eagle fan and one magpie fan from his truck cab and showed them to the agents. CROOKED ARM then left to put out the deer carcass. SHANE told the agents he and CROOKED ARM wanted $1,500 for the golden eagle fan and $800 for the magpie fan. SHANE told one of the agents that he and CROOKED ARM had obtained the golden eagle used to make the fan the previous Christmas. The agent paid SHANE $1,500 cash and received the golden eagle fan from him. The agents also placed an order for a magpie fan. One of the agents later saw SHANE give CROOKED ARM a portion of the $1,500 they had paid for the golden eagle fan. SHANE told the agents that CROOKED ARM needed this money to make a payment on his pickup truck. SHANE said he and CROOKED ARM had a good thing going, working hard all winter to kill and trap eagles. SHANE told the agents that CROOKED ARM made regalia to sell while he stayed home taking care of his kids, and this helped the family get by during the winter.
On January 29, 2009, an agent called SHANE, and SHANE said he and CROOKED ARM were still putting out deer and elk carcasses to trap and kill eagles and hawks. The agent asked SHANE for a nice tail, and SHANE said CROOKED ARM had several so they would save one for him.
On February 11, 2009, an agent met with SHANE and they drove to CROOKED ARM's residence, in Hardin. The agent told CROOKED ARM that the other agent wanted to buy another eagle fan and a winter hawk fan. CROOKED ARM said he had plenty of tails and had sold four golden eagle fans and several hawk fans the previous week to some people from New Mexico. CROOKED ARM produced two eagle feathers from an adjoining room, and told the agent that several of his tails were similar to these feathers. CROOKED ARM agreed to a $500 deposit, and told the agent to e-mail him the specifics for the fans. CROOKED ARM gave the agent his phone numbers. The agent paid CROOKED ARM the $500 deposit.
On March 8, 2009, CROOKED ARM sent one of the agents an e-mail containing photos of a bald eagle fan and a winter hawk (rough-legged) tail he intended to use for her hawk fan. CROOKED ARM wrote that he only had two weeks to finish the agents's hawk fan before a powwow in Denver. He asked the agent if the hawk in the photo was acceptable. Later that day, in a second e-mail to the agent, CROOKED ARM wrote that the bald eagle fan from the photo took extra time because he had to send it to a friend to clean off the blood, and there was a lot of blood.
The next day, March 9, 2009, CROOKED ARM called the agent and asked what colors she wanted on her fan. On March 10, 2009, CROOKED ARM called the other agent to tell him that his $500 deposit would be payment for the "winter hawk" fan, but the bald eagle tail fan from the photo would cost $1,000 because he had to pull a few strings to get it in time for the Denver powwow.
On the morning of March 11, 2009, a FWS Special Agent served a search warrant on CROOKED ARM"s residence in Hardin. They seized, among other things, a hand-written note containing the undercover agent"s order for a winter hawk feather fan, and one bald eagle feather fan. After agents read him his rights, CROOKED ARM signed an Advice of Rights Form, and agreed to cooperate. CROOKED ARM retrieved the undercover agent's order from the top of his refrigerator and admitted he knew the two undercover agents in connection with the note.
That same morning, another FWS Special Agent, accompanied by six other special agents, served a search warrant on SHANE's father's home south of Garryowen. SHANE arrived a few minutes after the agents. The agents advised SHANE of the search warrant and SHANE agreed to speak with them briefly. A Special Agent told SHANE he would not be arrested and explained the undercover agent's true identity. SHANE admitted that he knew it was illegal to sell hawk and eagle parts.
SHANE admitted that CROOKED ARM sold a golden eagle peyote fan to the undercover agents, but claimed he never counted the money they paid him, having given the entire amount to CROOKED ARM. SHANE also told the agents he saw one of the undercover agents show CROOKED ARM a sketch and discuss purchasing a hawk fan with beadwork to match her skirt. SHANE said he had a permitted eagle from the U.S. Fish and Wildlife Service, which he had used to make a bustle for his dance costume, stored in the basement. The agents photographed this bustle, but did not seize it. SHANE said that CROOKED ARM had called him the day before to ask for one of the undercover agent's phone number to complete the sale of a bronze hawk fan and bald eagle tail fan.
The investigation was conducted by the U.S. Fish and Wildlife Service.
Tomas Alvarado and Eliseo Lopez Martinez Sentenced in U.S. District CourtRead the Press Release
The United States Attorney(s Office announced that during a federal court session in Helena, on October 21, 2013, before U.S. District Judge Sam E. Haddon, TOMAS ALVARADO, age 59, and ELISEO LOPEZ MARTINEZ, age 50, residents of Turlock, California, were sentenced.
ALVARADO was sentenced to a term of:
Prison: 360 months
Special Assessment: $100
Forfeiture: $56,000 and multiple firearms
Supervised Release: 5 years
MARTINEZ was sentenced to a term of:
Prison: 324 months
Special Assessment: $100
Forfeiture: $56,000 and multiple firearms
Supervised Release: 5 years
They were sentenced in connection with their guilty pleas to conspiracy to possess with intent to distribute controlled substances.
In an Offer of Proof filed by Assistant U.S. Attorneys Joseph E. Thaggard and Brendan P. McCarthy, the government stated it would have proved at trial the following:
In late 2012, the FBI, DEA, the Montana Division of Criminal Investigation (MDCI), the ATF, various drug task forces based in Billings, the Billings Police Department, the Yellowstone County Sheriff(s Department, and the Montana Highway Patrol began to investigate the widespread distribution of methamphetamine, cocaine, and heroin in an area stretching from Billings to the Bakken oil fields of northeastern Montana and western North Dakota. In March 2013, the Idaho State Police also joined the investigation.
As part of the investigation, on March 1, 2013, the Montana Highway Patrol stopped a vehicle driven by an unindicted coconspirator on Interstate 90 near Park City. The vehicle was subsequently searched and found to contain one-quarter pound of methamphetamine and a quantity of heroin the unindicted coconspirator said consisted of 80 grams.
The unindicted coconspirator admitted to distributing large amounts of heroin and methamphetamine. The unindicted coconspirator stated that the sources of supply for the drugs were (Mateo( and (Tomas.( The descriptions provided by the unindicted conspirator of (Mateo( and (Tomas( matched those people known to law enforcement officers in Billings as MARTINEZ and ALVARADO.
On March 11, 2013, Idaho State Police stopped a vehicle driven by ALVARADO in Power County, Idaho. An adult female was a passenger in the vehicle. ALVARADO said he and the passenger had driven from Billings to Nevada the previous day and were returning to Billings. A search of the vehicle ensued. The authorities found a .40 caliber handgun, three gross pounds of a substance that yielded a presumptive Narcotics Identification Kit (NIK) test result for the presence of methamphetamine, and two gross pounds of a substance that yielded a positive NIK test result for the presence of cocaine.
On March 12, 2013, the authorities, acting under the authority of a search warrant, searched a residence in Billings occupied by MARTINEZ. The officers recovered three handguns, over $56,000 in United States currency, two pounds of suspected cocaine, six pounds of suspected methamphetamine, and over 100 grams of suspected heroin.
The officers also searched a motor vehicle at or near MARTINEZ(s residence in Billings. That vehicle was associated with MARTINEZ. The officers found 16 total firearms, including handguns, shotguns, and rifles (including two semi-automatic, SKS assault-style rifles) in the vehicle.
MARTINEZ was taken into custody when the search warrant was executed on March 12, 2013. When interviewed, MARTINEZ stated he had moved to Montana two or three months earlier as part of plan whereby he and ALVARADO distributed methamphetamine, cocaine, heroin, and marijuana in the Billings area. MARTINEZ estimated that he and ALVARADO had sold approximately 25 pounds of methamphetamine over the preceding two months.
On March 12, 2013, the authorities interviewed ALVARADO. ALVARADO stated that he and MARTINEZ had distributed methamphetamine in Billings since approximately October 2012 and moved to Billings in November 2012 as part of the distribution scheme. ALVARADO detailed that, between October 2012 and March 12, 2013, he and MARTINEZ distributed at least 80 pounds of methamphetamine to subordinate drug dealers in Montana.
On March 12, 2013, the authorities also interviewed MARTINEZ. MARTINEZ admitted that he had moved to Montana two to three months earlier and participated in a scheme whereby MARTINEZ and ALVARADO distributed methamphetamine, cocaine, heroin, and marijuana in Montana.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that they will likely serve all of the time imposed by the court. In the federal system, they do have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
This investigation was a part of Project Safe Bakken, which is a cooperative effort between the Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Bureau of Indian Affairs (BIA), the U.S. Border Patrol, the U.S. Marshal's Service, the Environmental Protection Agency Criminal Investigation Division (EPA-CID), the Department of Homeland Security (DHS), the Montana Division of Criminal Investigation (MDCI), the Montana Highway Patrol, the North Dakota Bureau of Criminal Investigation (BCI), the Billings Police Department, the Yellowstone County Sheriff's Office, and the Idaho State Police.
Today's sentence is a product of diligent work by the very dedicated agents who have been joined together under the banner of Project Safe Bakken. As the work of this team - which includes law enforcement professionals from all branches of local, state, and federal law enforcement - goes forward, the people of Montana and North Dakota can expect more cases from affected communities. That is the mission and commitment of Project Safe Bakken." said U.S. Attorney Michael W. Cotter.
Wendell Lester Wolf Black, Sr. Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney(s Office announced that during a federal court session in Helena, on September 30, 2013, before U.S. District Judge Sam E. Haddon, WENDELL LESTER WOLF BLACK, SR., a 46-year-old resident of Crow Agency and an enrolled member of the Crow Tribe, pled guilty to assault with a dangerous weapon and assault resulting in serious bodily injury. Sentencing has been set for January 6, 2014. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Lori Harper Suek, the government stated it would have proved at trial the following:
On June 18, 2012, WOLF BLACK and his sons drove to the victim's house located at Dunmore, which is within the exterior boundaries of the Crow Indian Reservation. When they arrived at the house, they knocked on the door and the victim came outside. The victim was unaware that there were any problems between him and the WOLF BLACKs. WOLF BLACK, however, believed that the victim was responsible for a prior assault on his son that caused disabling injuries.
While the victim was outside of his house, he asked WOLF BLACK for a cigarette and followed him out to WOLF BLACK's truck. At that point, WOLF BLACK hit the victim numerous times with a crow bar. He was hit in the leg, back, and head, and went down to the ground unable to defend himself against the attack. He heard one of WOLF BLACK's sons yell, "This is for my brother," and he heard WOLF BLACK say, "This is for fighting my son."
The victim sought medical treatment for his injuries. The victim suffered multiple broken bones and a collapsed lung. These injuries met the definition of serious bodily injury according to the treating physician.
WOLF BLACK faces possible penalties of 10 years in prison, a $250,000 fine, and 3 years supervised release on each charge.
The investigation was conducted by the Bureau of Indian Affairs.
Carl Chester Alden, Jr. Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney(s Office announced that during a federal court session in Helena, on September 30, 2013, before U.S. District Judge Sam E. Haddon, CARL CHESTER ALDEN, JR., a 23-year-old resident of Hardin and an enrolled member of the Crow Tribe, pled guilty to involuntary manslaughter. Sentencing has been set for January 6, 2014. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Lori Harper Suek, the government stated it would have proved at trial the following:
On December 17, 2012, at approximately 9:00 a.m., ALDEN was recklessly driving a 1996 Ford pickup with two front seat passengers, one being the victim and one rear seat passenger. ALDEN crashed the vehicle at the Third Street exit off of Interstate 90 at Hardin, just within the exterior boundaries of the Crow Indian Reservation. The victim was killed in the crash.
The vehicle was registered to ALDEN's common-law wife. When interviewed following the crash, ALDEN couldn't remember driving, stating only, "it could have been me driving," or the crash itself.
The two surviving passengers were interviewed the day of the crash and recalled that ALDEN was driving during the crash. These accounts support evidence at the scene of the crash as officers reported that ALDEN had to be extricated from the vehicle, because he was pinned under the steering wheel during the course of the crash.
ALDEN admitted that he was drinking alcohol before the crash while he was driving the pickup. A sample of blood was collected from ALDEN approximately 3 hours post-crash and was sent to the FBI laboratory for analysis. Laboratory results indicated an ethanol concentration of .155 gram percent based on gas chromatography analysis.
ALDEN faces possible penalties of 8 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was a cooperative effort between the Federal Bureau of Investigation and the Bureau of Indian Affairs.
Russell Leroy Miller Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on September 27, 2013, before U.S. District Judge Donald W. Molloy, RUSSELL LEROY MILLER, a 70-year-old resident of Big Fork, was sentenced to a term of:
Probation: 5 years
Special Assessment: $100
Restitution: $3,218
Fine: $10,000
MILLER was sentenced in connection with his guilty plea to possession of child pornography.
In an Offer of Proof filed by Assistant U.S. Attorney Cyndee L. Peterson, the government stated it would have proved at trial the following:
As part of an Internet Crimes Against Children Task Force (ICAC) investigation, the Department of Homeland Security Investigations obtained a search warrant for MILLER's residence in Big Fork.
On February 23, 2012, the search warrant was served. When interviewed, MILLER admitted using peer-to-peer file sharing programs. MILLER admitted he downloaded files containing child pornography. He also admitted that he saved the files to various CDs and external hard drives. He disclosed search terms which were indicative of search terms used to locate child pornography files.
MILLER's computers and media were forensically analyzed. The examiner located video and image files which depicted children engaged in sexually explicit conduct. The files were created between February 26, 2002, and February 22, 2012.
The investigation was conducted by the Montana Internet Crimes Against Children (ICAC) Task Force.
Kyle Bradley Anderson Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on September 27, 2013, before U.S. District Judge Donald W. Molloy, KYLE BRADLEY ANDERSON, a 23-year-old resident of Missoula, was sentenced to a term of:
Prison: 41 months
Special Assessment: $100
Supervised Release: 5 years
ANDERSON was sentenced in connection with his guilty plea to conspiracy to distribute heroin.
In an Offer of Proof filed by Assistant U.S. Attorney Tara J. Elliott, the government stated it would have proved at trial the following:
In June 2012, a Confidential Informant (CI) provided law enforcement with specific information regarding ANDERSON. The CI would have testified that ANDERSON boasted about his ability to obtain large amounts of cocaine and heroin. ANDERSON also asked the CI if he would be willing to be a courier in his drug trafficking organization.
The CI would have testified ANDERSON informed the CI he routinely received approximately 30 ounces of cocaine every two weeks from his supplier in San Diego. ANDERSON had five to six dealers who he would distribute the rest of the cocaine to in the Missoula area. ANDERSON also told the CI that on his most recent delivery, he received $17,000 worth of heroin along with 30 ounces of cocaine.
An FBI Undercover Agent (UCA)) who was introduced to ANDERSON would have testified that ANDERSON advised the UCA of his operation and that his supplier resided in San Diego and had a direct connect to an unidentified Mexican Cartel in California.
On September 4, 2012, a controlled purchase of 32 grams of heroin for $5,000 was made from ANDERSON in Missoula. The 32 grams of heroin was collected as FBI evidence. The heroin field tested positive and was submitted to the DEA lab for further analysis.
A second CI would have testified that he supplied ANDERSON with over one kilogram of heroin from approximately December 2010 through November of 2012 and that ANDERSON distributed that heroin to several other individuals.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that ANDERSON will likely serve all of the time imposed by the court. In the federal system, ANDERSON does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Federal Bureau of Investigation.
Irving Spotted Eagle, Jr. Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on September 26, 2013, before Chief U.S. District Judge Dana L. Christensen, IRVING SPOTTED EAGLE, JR., a 27-year-old resident of Billings and an enrolled member of the Blackfeet Tribe of Indians, was sentenced to a term of:
Prison: 21 months
Special Assessment: $100
Supervised Release: 3 years
SPOTTED EAGLE was sentenced in connection with his guilty plea to assault resulting in serious bodily injury.
In an Offer of Proof filed by Assistant U.S. Attorney Laura B. Weiss, the government stated it would have proved at trial the following:
On November 12, 2011, SPOTTED EAGLE was so angry that S.T. would not return his amorous advances that he pinned her against a wall in his house and repeatedly punched her until his knuckles started to bleed. As she tried to flee the house, SPOTTED EAGLE grabbed S.T. by the hair and continued assaulting her. He did not stop until a neighbor began yelling at him to stop. S.T. was transported to the hospital, where she was treated for a concussion, nasal bone fracture, and blunt force trauma to her face.
The assault occurred within the exterior boundaries of the Blackfeet Indian Reservation.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that he will likely serve all of the time imposed by the court. In the federal system, he does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Federal Bureau of Investigation and the Blackfeet Law Enforcement.
Informational: Federal Court Initial AppearancesRead the Press Release
The United States Attorney(s Office announced that during a federal court session in Missoula, on September 27, 2013, before U.S. Magistrate Judge Jeremiah C. Lynch, the following individuals were arraigned:
PHILLIP MORRIS, a 42-year-old resident of Jeffersonville, Indiana, and JEFFREY WOOLLEY, a 53-year-old resident of Nicholasville, Kentucky, appeared on charges of child exploitation enterprise and conspiracy to advertise child pornography. They are currently detained. If convicted of these charges, they each face possible penalties of a mandatory minimum of 20 years in prison and could be sentenced to life, a $250,000 fine, and lifetime supervision. Assistant U.S. Attorney Cyndee L. Peterson is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
The defendants pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Dacota Robert Rogers Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Helena, on September 27, 2013, before U.S. District Sam E. Haddon, DACOTA ROBERT ROGERS, pled guilty to distribution of Fentanyl. Sentencing has been set for February 21, 2014.
In an Offer of Proof filed by Assistant U.S. Attorney Bryan R. Whittaker, the government stated it would have proved at trial the following:
On December 8, 2013, Butte-Silverbow Law Enforcement officers were called to an address in Butte in relation to a male who was not breathing and unresponsive. Upon arrival at the scene they found a woman attempting to do CPR on the victim. The victim was then transported to the hospital, but emergency personnel were unable to revive him.
During the drive to the hospital, the woman stated that she believed that the victim had been smoking Fentanyl. She said she had been told this by an individual who had been with the victim earlier in the night.
The woman turned over a cellular telephone she stated belonged to the victim. Officers reviewed the phone to determine ownership and next of kin, etc., when they discovered text messages that appeared to be drug related. One of the texts was from an individual, identified here only as "XX," who in his text stated that whatever the victim had taken had caused him to start to drool immediately.
A short while later, the victim's phone began to ring. The officers answered the phone and the caller identified himself as "XX." During the conversation, "XX" stated that he had been at the victim's house at approximately 1:45 a.m. and had placed the victim's head on a pillow because he had been snoring.
Officers later searched the victim's house and found Fentanyl patches and drug paraphernalia.
When interviewed, "XX" stated that he had been with the victim the night he died. He said that the victim had been attempting to buy drugs and was able to make contact with a dealer identified as ROGERS. ROGERS had come to the victim's house while "XX" was present and sold the victim a Fentanyl patch for $35. The victim paid ROGERS $10 in cash, and then gave ROGERS his debit card to go to an ATM to withdraw the other $25 dollars he owed for the patch.
Following the interview, officers contacted the victim's father who gave them the victim's bank account information. With that information, officer's found an ATM video showing ROGERS withdrawing money from the victim's account the night of the victim's death.
When interviewed, ROGERS told investigators that he had in fact sold the victim the Fentanyl patch and had shown him how to ingest it. ROGERS further stated that he had received money from the victim for the patch and had used the victim's ATM card to get the money from the victim's account.
A State Medical Examiner performed a postmortem examination of the victim. His examination revealed that there were toxic levels of Fentanyl in the victim's body at the time of death. The examiner concluded that the victim died as a result of Fentanyl toxicity.
ROGERS faces possible penalties of 20 years in prison, a $1,000,000 fine and 3 years supervised release.
The investigation was conducted by the U.S. Department of Homeland Security - Homeland Security Investigations.
Corwin Dallas Four Star Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on September 27, 2013, before Chief U.S. District Judge Dana L. Christensen, CORWIN DALLAS FOUR STAR, a 19-year-old resident of Wolf Point and an enrolled member of a federally-recognized tribe, was sentenced to a term of:
Prison: 120 months
Special Assessment: $100
Supervised Release: 10 years
FOUR STAR was sentenced in connection with his guilty plea to sexual abuse.
In an Offer of Proof filed by Assistant U.S. Attorney Laura B. Weiss, the government stated it would have proved at trial the following:
In the early morning hours of March 4, 2012, FOUR STAR got on top of the victim as she was sleeping and choked her to the point that she lost consciousness. He then sexually abused her. When the victim regained consciousness, she started screaming and trying to push him off. FOUR STAR held her arms down and punched her in the face.
The offense occurred within the exterior boundaries of the Fort Peck Indian Reservation.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that FOUR STAR will likely serve all of the time imposed by the court. In the federal system, FOUR STAR does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Federal Bureau of Investigation and the Fort Peck Tribes Criminal Investigation Division.