FEDERAL DISTRICT ARCHIVE
District of Montana
Press releases recorded for this federal judicial district.
William Szudera 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, WILLIAM SZUDERA, a 76-year-old resident of Havre, was sentenced to a term of:
Probation: 4 years
Special Assessment: $500
Restitution: $83,700.59
Fine: $3,000
SZUDERA was sentenced in connection with his guilty plea to mail fraud.
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:
From 2001 to 2012, SZUDERA collected workers compensation benefit payments based on his annual representations to the Department of Labor that he was not working and earned no income.
In fact, beginning in1977, SZUDERA was operating a shooting supply business, which made him ineligible for approximately $277,484 in benefits he received from 2001 through 2012.
From 1970 to 1978 SZUDERA was employed by the Bureau of Reclamation and the Western Area Power Administration, which was absorbed into the Bureau of Reclamation in 1977. SZUDERA was injured on the job in 1970. He returned to work in 1971 and received compensation for a partial disability.
In 1984, SZUDERA was added to the Department of Labor's permanent rolls and started receiving workers compensation checks for his wage loss due to his injury. In 1992, the Department of Labor adjusted SZUDERA's compensation after determining that he was able to earn a limited wage. Under that status, SZUDERA collected workers compensation payments based on the limited wage earning capacity of a cashier. In fact, SZUDERA owned and operated a shooting supply business, B&G Shooting Supply since at least 2000.
In a May 2000 application for a Wells Fargo credit card, SZUDERA stated under the job information section that he is self-employed as an owner of a business with a gross monthly salary of $12,500. SZUDERA's tax returns from 2002 to 2010 show that B&G Shooting had gross receipts ranging from approximately $500,000 to $750,000. The returns indicate a profit for every year with the exception of 2006.
Nevertheless, from 2002 to 2011, SZUDERA filled out annual certifications stating that he was unemployed and did not receive any outside income. The annual certifications asked SZUDERA to report all self-employment or involvement in business enterprises, including a family business, even if the activity was part-time or intermittent. Moreover, the certifications asked SZUDERA to report any work or ownership interest in a business enterprise even if the business lost money.
Agents of the Department of Energy interviewed SZUDERA in October 2011. SZUDERA stated that he knew he had to report any additional income he received each year on the annual certification. When asked whether he knowingly received income yet did not report it on the annual certification, SZUDERA answered "yes." SZUDERA's inflated workers compensation benefit checks were mailed from the U.S. Treasury to SZUDERA's home in Havre.
The investigation was a cooperative effort between the U.S. Department of Energy - Office of Inspector General and the U.S. Department of Labor - Office of Inspector General.
Sergio Alejandro Lopez 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 U.S. District Judge Dana L. Christensen, SERGIO ALEJANDRO LOPEZ, a 37-year-old resident of Portland, Oregon, was sentenced to a term of:
Prison: 130 months
Special Assessment: $200
Supervised Release: 5 years
LOPEZ was sentenced in connection with his guilty plea to (2) counts of distribution of methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Joseph E. Thaggard, the government stated it would have proved at trial the following:
In January 2011, a confidential informant (hereafter "the CI") in Great Falls worked under the direction and supervision of Central Montana Drug Task Force (CMDTF) agents to investigate drug trafficking in Great Falls;
In that capacity, the CI made several phone calls to LOPEZ, who was living outside the State of Montana. LOPEZ agreed to mail methamphetamine to the CI in Great Falls in exchange for the CI sending money to LOPEZ by Western Union.
As part of this plan, on January 19, 2011, the CI sent two Western Union wires to LOPEZ in the amounts of $500 and $600.
LOPEZ, or a person acting at his behest, then mailed a package to the CI in Great Falls. On January 20, 2011, agents seized approximately 31.2 grams of purported methamphetamine found in the package mailed to the CI.
Subsequently, the CI set up another postal delivery of methamphetamine by LOPEZ. On January 29, 2011, two Western Union wires in the amounts of $500 and $600 were sent to LOPEZ to purchase the methamphetamine. LOPEZ, or persons acting at his behest, then mailed a package of methamphetamine to the CI in Great Falls.
On January 31, 2011, agents seized approximately 34.8 grams of purported methamphetamine sent to the CI by LOPEZ, or persons working at his direction.
The substances seized on January 20 and January 31, 2011, were submitted to Drug Enforcement Administration's Western Region Laboratory for chemical analysis by a qualified forensic chemist. That analysis revealed each package contained five or more grams of actual (pure) methamphetamine, a Schedule II controlled substance.
The material in the packages seized on January 20 and 31, 2011, was also submitted to the DEA laboratory for latent fingerprint analysis by a qualified fingerprint examiner. The examination disclosed that a latent fingerprint lifted from material contained in the package seized on January 20, 2011, matched LOPEZ's known fingerprints.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that LOPEZ will likely serve all of the time imposed by the court. In the federal system, LOPEZ 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 Division of Criminal Investigation, and the Russell County Drug Task Force.
Paul Joseph Richter Found Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that on September 23, 2013, in Missoula, after a federal district court trial before U.S. District Judge Donald W. Molloy, PAUL JOSEPH RICHTER, a 50-year-old resident of Florence, was found guilty of being a felon-in-possession of a firearm. Sentencing is set for January 8, 2014. He is currently detained.
Assistant U.S. Attorney Paulette L. Stewart prosecuted the case for the United States.
RICHTER faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was a cooperative effort between the Montana Probation and Parole, the Missoula County Sheriff's Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Michael Thomas Bad Old Man 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 September 26, 2013, before U.S. Magistrate Judge Keith Strong, MICHAEL THOMAS BAD OLD MAN, a 21-year-old resident of Browning and an enrolled member of the Blackfeet Tribe, pled guilty to burglary. Sentencing has been set for January 16, 2014. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Ryan G. Weldon, the government stated it would have proved at trial the following:
On October 18, 2011, BAD OLD MAN and another male individual, identified here as "X.X.," bumped into the female victim in Browning, which is within the exterior boundaries of the Blackfeet Indian Reservation.
BAD OLD MAN and the victim used to date each other. BAD OLD MAN and "X.X." went to a bar, but later decided to go confront the victim and her new boyfriend. After asking around, "X.X." and BAD OLD MAN kicked in the door and entered a home in Browning, which was where the victim was staying with her new boyfriend.
When interviewed by the FBI, BAD OLD MAN stated that he had wanted to fight the victim's new boyfriend when he entered the home. People had come out of various rooms in the house, and BAD OLD MAN admitted that he "tore into everybody that I seen [sic]." BAD OLD MAN stated that homeowner's boyfriend approached BAD OLD MAN. At that point, "X.X." jumped in and started to fight with the homeowner's boyfriend. BAD OLD MAN then went to the back of the residence and started using his fists to punch the victim's new boyfriend.
BAD OLD MAN faces possible penalties of 20 years in prison, a $50,000 fine and 3 years supervised release.
The investigation was conducted by the Federal Bureau of Investigation.
Guy Joseph Manzo Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney(s Office announced that during a federal court session in Missoula, on September 24, 2013, before U.S. District Judge Donald W. Molloy, GUY JOSEPH MANZO, a 62-year-old resident of North Babylon, New York, pled guilty to wire fraud. Sentencing has been set for January 8, 2014. He is currently released on special conditions.
In an Offer of Proof filed by Assistant U.S. Attorney Timothy J. Racicot, the government stated it would have proved at trial the following:
On January 3, 2011, MANZO, who lives in New York, opened checking and savings accounts with Glacier Bank in Montana using the bank's online account opening services. The checking account number ended in 0308 and the savings account number ended in 0338. On January 12, 2011, MANZO opened a second checking account with Glacier Bank, ending in 0391.
In February 2011, MANZO attempted to fund the checking account ending in 0308 with three bad checks, totaling $9,252. Shortly thereafter, on March 1, 2011, Glacier Bank closed and charged off MANZO's 0308 account in the amount of $318.01. After the account was closed, he continued to write checks against the account. Between March and October 2011, MANZO wrote 36 bad checks against the closed 0308 account for a combined total of $175,042. Thirty-four of these checks, worth $173,000, were made payable to "Citibanks Mastercard." Each of the checks contain MANZO's signature.
In September 2011, MANZO successfully made 21 fraudulent ACH transfers, totaling $16,057.36, from an account with Glacier Bank that did not belong to him. Eleven of those transfers, totaling $887.42, were for his personal benefit. The other ten, totaling $15,071.94, were made for the benefit of his girlfriend (name withheld to protect privacy). Glacier Bank discovered the fraudulent transfers on September 30, 2011.
Finally, between October 2011 and January 2012, MANZO attempted 54 fraudulent ACH transfers, for a combined total of $45,325.61, which were ultimately unsuccessful. Those 54 attempted transfers did not process because they were attempted against closed accounts or accounts that did not exist. It appears MANZO attempted those fraudulent transactions by guessing Glacier Bank customer account numbers. Twelve of the attempted transfers, totaling $1,814.16, were made for the benefit of MANZO himself, and 42, totaling $43,511.45, were made for the benefit of his girlfriend.
On February 15, 2012, a Secret Service agent interviewed MANZO. MANZO confirmed that he had several accounts through Glacier Bank, but stated that the accounts were closed and no longer available for his use. When presented with copies of the checks written on his closed Glacier account, MANZO confirmed his signature and admitted he had negotiated the checks despite knowing the account was closed. MANZO said he wrote the checks to pay creditors in order to maintain his credit score, and explained that as long as creditors had the appearance of being paid, his credit score would stay in the low 700s. MANZO also explained that his girlfriend was battling cancer and that he is on disability for a back injury that he sustained while employed as a plumber. MANZO said he has no other source of income.
MANZO faces possible penalties of 20 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was conducted by the United States Secret Service.
Douglas Robert Brooks 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 26, 2013, before U.S. District Judge Donald W. Molloy, DOUGLAS ROBERT BROOKS, a 51-year-old resident of Missoula, was sentenced to a term of:
Prison: 180 months
Special Assessment: $100
Supervised Release: lifetime
BROOKS was sentenced in connection with his guilty plea to accessing with the intent to view 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 2000, BROOKS was convicted of sexual assault.
On November 19, 2012, a state probation officer advised the Missoula Police Department that a confidential informant (CI) had information about BROOKS. The CI stated that BROOKS had shown him child pornography on BROOKS' computer in BROOKS' residence. A search warrant for his residence was obtained and a computer and thumb drive were seized, both of which were then forensically examined.
The examiner located files depicting pornographic images of children.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that BROOKS will likely serve all of the time imposed by the court. In the federal system, BROOKS does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Montana State Probation and Parole, the Missoula Police Department, the Bozeman Police Department, and the Internet Crimes Against Children (ICAC) Task Force.
This case was brought as part of Project Safe Childhood (PSC), a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, PSC marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about PSC, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/resources.html and click on the tab "resources."
David Elmer Muskrat 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, DAVID ELMER MUSKRAT, a 35-year-old resident of Poplar and an enrolled member of a federally-recognized tribe, was sentenced to a term of:
Prison: 210 months
Special Assessment: $100
Supervised Release: 4 years
MUSKRAT was sentenced in connection with his guilty plea to second degree murder.
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 September 1, 2012, MUSKRAT was driving around Poplar, which is within the exterior boundaries of the Fort Peck Indian Reservation, looking for "X.X.", the now-deceased victim. Along the way, he expressed to more than one person his intent to kill X.X. if he found him. MUSKRAT was coming around a corner in Poplar and spotted X.X. walking down the street. MUSKRAT accelerated his SUV into X.X. and hit him with the vehicle. X.X. died. MUSKRAT fled the scene in the SUV.
This case is one of many examples of serious felonies the Montana U.S. Attorney's Office rigorously prosecutes in Indian Country every year. It is also a living example of the power of interagency collaboration. Five agencies devoted time, effort, and resources to this case, including the Federal Bureau of Investigation, the Fort Peck Criminal Investigators, the Fort Peck Department of Law and Justice, the Poplar Police Department, and the Roosevelt County Sheriff's Office, all of which resulted in justice being achieved for the victim in this case." U.S. Attorney Michael W. Cotter.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that MUSKRAT will likely serve all of the time imposed by the court. In the federal system, MUSKRAT 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 Fort Peck Criminal Investigators, the Fort Peck Department of Law and Justice, the Poplar Police Department, and the Roosevelt County Sheriff's Office.
Daniel Aaron Roy 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 25, 2013, before U.S. District Judge Donald W. Molloy, DANIEL AARON ROY, a 33-year-old resident of Missoula, was sentenced to a term of:
Prison: 144 months
Special Assessment: $100
Supervised Release: 5 years
ROY was sentenced in connection with his guilty plea to conspiracy to distribute methamphetamine and use of a firearm in furtherance of a drug trafficking crime.
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 early 2013, information was obtained from two confidential informants that ROY was distributing large quantities of methamphetamine. One of the CI's indicated that he/she was aware that ROY received some type of settlement in which he obtained about $20,000 around November of 2012, and that around that same time ROY began making monthly trips, via rental vehicles, to Washington to obtain pound quantities of methamphetamine to bring back to Montana for distribution. A CI stated that ROY had a storage unit where he kept a safe and that after making methamphetamine runs, ROY would leave the bulk of his methamphetamine in the safe and return to the storage unit as needed to replenish his supply. ROY had also bragged to a CI about keeping money in his safe as "go" money in case he is stopped by the cops to allow him to get out of town. A CI further indicated that ROY kept firearms inside the storage unit and inside his trailer that were given to him as payment for a bad drug debt.
Law Enforcement issued a subpoena to a rental car agency and was able to determine that ROY had rented vehicles consistent with some of the time frames indicated by the CI.
Around January 23, 2013, information was obtained that ROY was planning on making a trip to obtain methamphetamine from a different source of supply in California. On January 25, 2013 a Montana State search warrant was obtained and a tracker was placed on a rental car prior to ROY obtaining the rental. After ROY rented the car, he traveled to his storage unit, where he removed a large black plastic storage container and placed it into the storage unit (viewed/recorded by pole camera). ROY then drove to his trailer and eventually left town in the rental car later that evening.
On February 1, 2013, via the tracker, it was determined that ROY was coming back toward Missoula. Two search warrants were applied for and granted. The first was for the vehicle ROY had rented and the second search warrant was for ROY's trailer and his storage unit.
On the morning of February 2, 2013, Missoula County Sheriff's Office Deputies conducted a traffic stop on ROY's rental vehicle on Interstate-90 in Missoula County. Following the traffic stop, the search warrants were executed on ROY's rental vehicle, storage locker, and residence. During the search of the vehicle, two safes were located in the trunk of the vehicle. The keys to these safes were on the key ring in ROY's possession along with the key to his storage unit. One safe contained approximately 452 grams of suspected methamphetamine and a Witness 40 caliber S&W handgun with a loaded magazine. The second smaller safe contained documents belonging to ROY, along with drug paraphernalia (spoon, baggies, and cut straw), 26 grams of suspected methamphetamine, and numerous pharmaceutical pills. ROY also had a small amount of suspected methamphetamine on his person. A search of the storage unit resulted in the seizure of $4,012 U.S. currency, user quantities of suspected heroin, user quantities of suspected methamphetamine, six firearms, ammunition, and user quantities of suspected marijuana. The suspected methamphetamine, scale, packaging materials, and numerous other items of drug paraphernalia were located within the black plastic container that TFOs observed ROY placing in the storage locker days before.
A search of the residence resulted in the seizure of approximately four grams of marijuana, miscellaneous packaging materials, a Bud Light hide-a-can, a digital scale, suspected marijuana, and approximately 95 grams of suspected Psilocybin (hallucinogenic mushrooms).
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that ROY will likely serve all of the time imposed by the court. In the federal system, ROY does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Drug Enforcement Administration and the High Intensity Drug Trafficking Area (HIDTA) Task Force.
Brandon Wade Havens 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 26, 2013, before U.S. District Judge Donald W. Molloy, BRANDON WADE HAVENS, a 28-year-old resident of Helena, was sentenced to a term of:
Prison: 180 months
Special Assessment: $200
Supervised Release: 5 years
HAVENS was sentenced in connection with his guilty plea to conspiracy to distribute heroin and possession of a firearm in furtherance of a drug trafficking crime.
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:
Investigation by the Federal Bureau of Investigation revealed that HAVENS had runners who traveled from California to Montana. One of his runners cooperated with law enforcement and made several recorded telephone calls to HAVENS regarding the purchase of cocaine, and at HAVENS' direction, made a payment to HAVENS' bank account for past monies due for cocaine and heroin.
HAVENS was arrested on November 11, 2012 on a state warrant in Missoula. HAVENS admitted to trafficking cocaine from Washington to Montana in 2010/2011. HAVENS estimated he distributed a total of 12.5 pounds of cocaine equally to five individuals. HAVENS met another individual in California in the summer of 2011, from whom he began purchasing cocaine and heroin. HAVENS purchased cocaine from California for the last 18 months, and heroin for the last 12 months.
In the last year, HAVENS increased his quantities to 7-9 ounces of heroin, and 10-12 ounces of cocaine, every two weeks. On two occasions, HAVENS paid one of his runners $1,000 to drive the drugs from California to Montana. The amount of heroin HAVENS admitted to trafficking is well above one kilogram.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that HAVENS will likely serve all of the time imposed by the court. In the federal system, HAVENS 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.
Vern Thomas Gardipee 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 25, 2013, before Chief U.S. District Judge Dana L. Christensen, VERN THOMAS GARDIPEE, a 49-year-old resident of Box Elder and an enrolled member of the federally recognized Chippewa Cree Indian Tribe, was sentenced to a term of:
Prison: 30 months
Special Assessment: $100
Supervised Release: 30 years
GARDIPEE was sentenced in connection with his guilty plea to sexual abuse of a minor.
In an Offer of Proof filed by Assistant U.S. Attorney Danna R. Jackson, the government stated it would have proved at trial the following:
On April 27 and 28, 2012, GARDIPEE sexually abused a young girl. GARDIPEE got into bed with the victim and sexually abused her. The victim tried to get away from GARDIPEE and eventually got GARDIPEE to stop his advances but not until after sexual contact occurred.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that GARDIPEE will likely serve all of the time imposed by the court. In the federal system, GARDIPEE 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.
Stuart Morgan Pattie and Jesus Heriberto Ramirez-Soto 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, STUART MORGAN PATTIE, age 52, and JESUS HERIBERTO RAMIREZ-SOTO, age 44, residents of Troy, were sentenced in connection with their guilty pleas to conspiracy to possess with intent to distribute methamphetamine.
PATTIE was sentenced to:
Prison: 36 months
Special Assessment: $100
Supervised Release: 5 years
RAMIREZ-SOTO was sentenced to:
Prison: 120 months
Special Assessment: $100
Supervised Release: 5 years
In an Offer of Proof filed by Assistant U.S. Attorney Jessica A. Betley, the government stated it would have proved at trial the following:
PATTIE, RAMIREZ-SOTO, and Don Edward Lyle all lived in Troy. In early April 2013, undercover law enforcement agents and a confidential informant (CI) began to buy methamphetamine from RAMIREZ.
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. 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 in order 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.
Lyle pled guilty to federal charges.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that they will likely serve all of the time imposed by the court. In the federal system, they do have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the U.S. Department of Homeland Security - Homeland Security Investigations and the Montana Division of Criminal Investigation.
Shyann Marie Dupree 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 25, 2013, before Chief U.S. District Judge Dana L. Christensen, SHYANN MARIE DUPREE, a 36-year-old resident of Poplar and an enrolled member in a federally-recognized tribe, was sentenced to a term of:
Prison: 18 months
Special Assessment: $100
Restitution: $11,899.97
Supervised Release: 3 years
DUPREE was sentenced in connection with her guilty plea to burglary.
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 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 April 18, 2012, DUPREE broke into a house on the Fort Peck Indian Reservation with three others when they knew the homeowner was out of town. The group stole televisions, jewelry, and other items. DUPREE admitted to entering the house and filling a suitcase with purses, while others removed televisions and placed them in a vehicle waiting outside the house. DUPREE admitted that another individual helped her sell the purses and that DUPREE used the money to buy pills.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that DUPREE will likely serve all of the time imposed by the court. In the federal system, DUPREE does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Fort Peck Tribes Criminal Investigation Division and the Poplar Police Department.
Levi Anthony Labuff, 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 25, 2013, before Chief U.S. District Judge Dana L. Christensen, LEVI ANTHONY LABUFF, JR., a 36-year-old resident of Browning, was sentenced to a term of:
Prison: 60 months
Special Assessment: $ 100
Supervised Release: 5 years
LABUFF 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 Ryan G. Weldon, the government stated it would have proved at trial the following:
On February 23, 2012, LABUFF and Wilma Jamie Rae Hoyt were arrested in Browning. LABUFF was arrested because he had a state warrant out for his arrest. Hoyt was arrested for a federal warrant because she had violated conditions of her supervised release. At the time of the arrest, law enforcement collected $600 in U.S. currency from LABUFF. The money was claimed to be from LABUFF's "tax return."
When interviewed, Hoyt stated that she first became romantically involved with LABUFF in approximately 2009 or 2010. Both LABUFF and Hoyt were initially "clean," but LABUFF lost his job, and they were in need of money to maintain their household and take care of their children. Hoyt stated that this is when they began selling methamphetamine for income.
In approximately February or March of 2011, Hoyt admitted that individuals approached her and LABUFF, requesting that they sell methamphetamine. LABUFF and Hoyt complied with such a request, and this relationship lasted until January of 2012. LABUFF and Hoyt would receive three grams of methamphetamine at a time. Hoyt estimated that she received methamphetamine, to sell, every week, and the longest without receiving drugs was three weeks.
Hoyt explained that, after selling for awhile, she met another methamphetamine dealer, who provided her and LABUFF with a higher-quality methamphetamine. This new dealer initially provided them with a "weighed out gram" of methamphetamine, which they would break down and sell. However, as the relationship grew, so did the amounts that the new distributor provided. For example, the new distributor eventually provided Hoyt and LABUFF with a "weighed out eight ball." In total, Hoyt stated that the new distributor provided them a "weighed out gram" on six occasions and a "weighed out eight ball" on three occasions.
Law enforcement interviewed LABUFF the day after interviewing Hoyt. LABUFF also admitted that he began selling methamphetamine, and stated that such sales began in late December 2010 and continued until approximately June 2011. LABUFF provided specifics as to amounts sold and prices paid to the distributors.
The FBI interviewed various "customers" of Hoyt and LABUFF. These individuals confirmed that Hoyt and LABUFF sold methamphetamine, and the amounts of the conspiracy involved more than 50 grams of a substance containing a detectable amount of methamphetamine.
Hoyt pled guilty to federal charges.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that LABUFF will likely serve all of the time imposed by the court. In the federal system, LABUFF 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.
Leland Neil Lapier, 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 24, 2013, before Chief U.S. District Judge Dana L. Christensen, LELAND NEIL LAPIER, JR., a 28-year-old resident of Great Falls, was sentenced to a term of:
Prison: 168 months
Special Assessment: $200
Supervised Release: 5 years
LAPIER was sentenced after a federal district court trial in which he was found guilty of conspiracy to possess with the intent to distribute methamphetamine and possession with the intent to distribute methamphetamine.
Assistant U.S. Attorney Jessica A. Betley prosecuted the case for the United States.
At trial, the following evidence and testimony was presented to the jury.
In January 2012, Great Falls law enforcement became alerted to a large scale methamphetamine conspiracy. Subsequently, Louis Kanyid, Joelle Jones, Ann Wetzel, Joe Wetzel, Mark Kness, Linda Reynolds, Robert Boucher, Ron Leeson, Tammie Lapie, and Mark Abresch have pleaded guilty to various methamphetamine crimes. Through independent investigation, as well as through debriefs of these defendants, law enforcement learned that LAPIER was also an active participant in this conspiracy and responsible for the distribution of methamphetamine throughout Great Falls.
From September 2011, through September 2012, Louis Kanyid brought pounds of actual (pure) methamphetamine from Kennewick, Washington, to Great Falls. Kanyid spoke with law enforcement and said one of his original contacts in Great Falls was LAPIER's sister. Kanyid met her through Craig's List, and she began to purchase and sell methamphetamine provided by Kanyid. Eventually, though, LAPIER took over her position. Kanyid found the methamphetamine market in Great Falls to be extremely profitable, and from April 2012, and forward, he never brought less than a pound of methamphetamine with him on each trip to Great Falls.
Kanyid regularly provided LAPIER with half of the methamphetamine that he brought to town. LAPIER lived with his girlfriend in Great Falls and he conducted his methamphetamine business from the garage. Customers met LAPIER and Kanyid in the garage so that neighbors would not witness the drug transactions. Kanyid paid his methamphetamine supplier $1,200 per ounce and never sold an ounce of methamphetamine in Great Falls for less than $2,000. Kanyid claimed an ounce of methamphetamine could actually be bought for $3,200 in Great Falls. At one point, Kanyid and LAPIER engaged in a contest to see how much methamphetamine each could sell in one day in Great Falls. According to Kanyid, himself and LAPIER made $6,000 each in one day.
In August 2012, Kanyid sold five pounds of methamphetamine in Great Falls, including two pounds directly to LAPIER. Law enforcement eventually seized approximately 38 grams of pure methamphetamine from Kanyid's hotel room.
Law enforcement also arrested Kanyid's girlfriend, Joelle Jones, for her involvement in this methamphetamine conspiracy. Jones later told agents that Kanyid spent a great amount of time with LAPIER. In fact, when police arrested Kanyid, LAPIER immediately called Jones to warn her of the arrest. Jones later took a taxi to LAPIER's house that night and LAPIER's girlfriend provided Jones with a car to drive back to Washington. Jones returned to Great Falls again a week later to meet with LAPIER. After Kanyid's arrest, LAPIER encouraged Jones to bring methamphetamine to him in Great Falls.
After a grand jury indicted Kanyid, Jones, Ann Wetzel, Joe Wetzel, Mark Kness, and Linda Reynolds, LAPIER turned elsewhere to buy methamphetamine. Following the initial indictment and arrests, LAPIER then turned to Robert Boucher in order to purchase methamphetamine.
Boucher was from Spokane, Washington, and began selling methamphetamine in December 2009. He originally made contact with Great Falls methamphetamine dealers through a female Great Falls resident, who traveled to Spokane to purchase methamphetamine. Mark Abresch also accompanied this woman on trips to Spokane. After approximately six months, Boucher began to travel to Great Falls to sell methamphetamine. He normally brought six to eight ounces of methamphetamine on each trip. Boucher stayed at Tammy Lapie's home, and became associated with selling methamphetamine with Lapie, Abresch, and Ron Leeson. Boucher also told agents that he met LAPIER in Great Falls. Boucher regularly sold LAPIER two ounces of methamphetamine at a time, and did that approximately three or four times. LAPIER paid $1,700 per ounce, and last bought methamphetamine from Boucher about one week before Boucher's arrest in December 2012.
Tammy Lapie told agents that LAPIER began to come to her home in October 2012. LAPIER began to look for larger amounts of methamphetamine and turned to Boucher for methamphetamine. Lapie believed LAPIER purchased one ounce of methamphetamine from Boucher on one occasion, and between one to four ounces of methamphetamine on another occasion. Law enforcement seized approximately 44 grams of actual methamphetamine from Lapie's home. Chris Leeson also told agents that people knew that Kanyid was LAPIER's original source of methamphetamine. Leeson once traded a car speaker to LAPIER for an eight ball of methamphetamine.
Mark Abresch originally worked as a confidential informant with the Great Falls Police Department before being dropped as an informant due to continued drug dealing. During the summer of 2012, Abresch bought approximately 60 grams of actual methamphetamine from Boucher through controlled drug buys. Abresch alerted agents in July 2012, that LAPIER always had methamphetamine in Great Falls. Abresch did not purchase methamphetamine from LAPIER because he charged $2,000 per ounce.
In September 2012, Abresch told agents that he had hung out at LAPIER's house on numerous occasions and saw LAPIER with large amounts of methamphetamine. In the spring of 2012, Abresch saw LAPIER with four to six ounces of methamphetamine. Abresch then saw numerous customers purchase the methamphetamine. During mid-summer 2012, Abresch observed Kanyid drop off a half pound of methamphetamine to LAPIER in LAPIER's garage. LAPIER again started distributing the methamphetamine from the garage. Lastly, in August or early September 2012, Abresch observed LAPIER sell four ounces of methamphetamine from his garage.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that LAPIER will likely serve all of the time imposed by the court. In the federal system, LAPIER 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 - Russell Country Drug Task Force.
James Michael Youpee 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 September 25, 2013, before U.S. Magistrate Judge Keith Strong, JAMES MICHAEL YOUPEE, a 35-year-old resident of Poplar and an enrolled member of a federally recognized tribe, pled guilty to assault resulting in serious bodily injury. Sentencing has been set for January 16, 2014. He is currently detained.
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 April 4, 2013, YOUPEE was staying at a hotel in Poplar, which is located within the exterior boundaries of the Fort Peck Indian Reservation. YOUPEE got into an argument with a woman he was seeing and she went to a different hotel room. Shortly after, YOUPEE forced his way into the room she had gone into and stabbed and cut a male occupant of the room. As a result, the victim was taken to the local hospital and then flown to Billings.
The victim had life-endangering injuries which required the placement of a chest tube to relieve air pressure in his lung.
YOUPEE faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was a cooperative effort between the Federal Bureau of Investigation and the Fort Peck Tribes Criminal Investigation Division.
Informational: Federal Court Initial AppearancesRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on September 23, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, the following individuals were arraigned:
FRANKLIN GEORGE GRANT, a resident of Billings, appeared on charges of aggravated sexual abuse and abusive sexual contact. He is currently detained. If convicted of these charges, GRANT faces possible penalties of life 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.
EMERY CHARLES CROOKED ARM, a 23-year-old resident of Wyola, appeared on a charge of aggravated sexual abuse. He is currently detained. If convicted of this charge, CROOKED ARM faces possible penalties of life in prison, a $250,000 fine, and lifetime supervision. Assistant U.S. Attorney Lori Harper Suek is the prosecutor for the United States. The investigation was conducted by the Bureau of Indian Affairs.
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 September 25, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, the following individuals were arraigned:
CHASTITY LYNN LONE ELK, a 38-year-old resident of Busby, appeared on charges of conspiracy to possess with the intent to distribute methamphetamine, possession with the intent to distribute methamphetamine, distribution of methamphetamine, use of a firearm in furtherance of a drug trafficking crime, and being a felon-in-possession of a firearm. She is currently detained. If convicted of these charges, LONE ELK 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. In addition, LONE ELK faces the possibility of an additional mandatory 5 year imprisonment, consecutive to any other sentence, for the use of a firearm during a drug trafficking crime. Assistant U.S. Attorney Lori Harper Suek is the prosecutor for the United States. The investigation was conducted by the Bureau of Indian Affairs.
PATRICIA ANN HALCOMB-SEGNA, a 53-year-old resident of Billings, appeared on charges of conspiracy to possess with the intent to distribute methamphetamine, possession with the intent to distribute methamphetamine, being a felon-in-possession of a firearm, and possession of an unregistered firearm. She is currently detained. If convicted of these charges, HALCOMB-SEGNA faces possible penalties of a mandatory minimum of 10 years in prison and could be sentenced to life, a $10,000,000 fine, and 5 years supervised release. Assistant U.S. Attorney Brendan P. McCarthy is the prosecutor for the United States. The investigation was a cooperative effort between the Eastern Montana High Intensity Drug Task Force and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
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 Great Falls, on September 24, 2013, before U.S. Magistrate Judge Keith Strong, the following individuals were arraigned:
TIMOTHY M. McALLISTER, a 46-year-old resident of Kansas City, Missouri, appeared on charges of transportation of child pornography, possession of child pornography, and travel with intent to engage in illicit sexual conduct. He is currently detained. If convicted of these charges, McALLISTER faces possible penalties of a mandatory minimum of 15 years in prison and could be sentenced to 30 years, a $250,000 fine, and lifetime supervision. Assistant U.S. Attorney Zeno B. Baucus is the prosecutor for the United States. The investigation was conducted by the U.S. Department of Homeland Security - Homeland Security Investigations.
BRANDY LEE SALWAY, a 23-year-old resident of Santa Fe, New Mexico, appeared on a charge of involuntary manslaughter. She is currently released on special conditions. If convicted of this charge, SALWAY faces possible penalties of 8 years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Ryan G. Weldon is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
JORDAN JOSEPH MORGAN, a 21-year-old resident of Cut Bank, appeared on charges of assault resulting in serious bodily injury and criminal endangerment. He is currently released on special conditions. If convicted of these charges, MORGAN faces possible penalties of 10 years in prison, a $250,000 fine, and 3 years supervised release 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.
GEORGE THEODORE SUTHERLAND, a 20-year-old resident of Box Elder, appeared on a charge of aggravated sexual abuse. He is currently detained. If convicted of this charge, SUTHERLAND faces possible penalties of life in prison, a $250,000 fine, lifetime supervision. Assistant U.S. Attorney Danna R. Jackson is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
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.
ALDRED AMELINE, JR., a 24-year-old resident of Harlem, appeared on charges of sexual abuse and abusive sexual contact. He is currently detained. If convicted of these charges, AMELINE faces possible penalties of life 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.
JOSHUA JAMES HURLEY, a 31-year-old resident of St. Mary, appeared on charges of assault on a federal officer and making false statements to a federal officer. He is released on special conditions. If convicted of these charges, HURLEY faces possible penalties of 20 years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Ryan G. Weldon is the prosecutor for the United States. The investigation was conducted by the 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.
Creston Kindness 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 25, 2013, before Chief U.S. District Judge Dana L. Christensen, CRESTON KINDNESS, a 30-year-old resident of Fort Hall, Idaho, and an enrolled member of a federally-recognized tribe, was sentenced to a term of:
Prison: 63 months
Special Assessment: $100
Forfeiture: firearm
Supervised Release: 3 years
KINDNESS 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:
KINDNESS became agitated when the victim did not tell him where his girlfriend was so he shot the victim in the leg with a .40 caliber Smith and Wesson handgun. The handgun was found in the bathroom, where KINDNESS had been when he was apprehended by tribal law enforcement.
The bullet went through the victim's leg and she was hospitalized for two nights. The bullet, that was retrieved at the crime scene, had mushroomed.
The crime 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 KINDNESS will likely serve all of the time imposed by the court. In the federal system, KINDNESS does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Federal Bureau of Investigation.
Wesley Allen Cross Guns 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 September 24, 2013, before U.S. Magistrate Judge Keith Strong, WESLEY ALLEN CROSS GUNS, a 24-year-old resident of Browning and an enrolled member of the Blackfeet Tribe, pled guilty to burglary. Sentencing has been set for January 16, 2014. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Ryan G. Weldon, the government stated it would have proved at trial the following:
On February 4, 2012, "Jane Doe" was in Great Falls because her father was in the hospital. Three individuals walked by her residence in Browning, which was located within the exterior boundaries of the Blackfeet Indian Reservation.
On February 4, 2012, a neighbor was out on his porch and observed three male individuals walking by his neighbor's residence. While he saw the three individuals walking by the residence, he did not see them pass by. He then heard three kicks and he knew that someone was breaking into "Jane Doe's" residence. He told his wife to call their son who is an officer with the Blackfeet Law Enforcement Services.
His wife called their son and then she grabbed her camera. When their son, the officer, pulled up, the officer and the neighbor went into "Jane Doe"'s residence. The neighbor's wife then took pictures of all three individuals running out of the house. The burglary occurred in broad daylight.
The individuals who broke into the house then climbed the fence, and CROSS GUNS escaped. Dustin Jay After Buffalo and Michael Bad Old Man were caught. Bad Old Man had items in his pockets. While waiting for law enforcement to arrive, Bad Old Man stated that he was going to kill the neighbor and the officer when he gets out of jail.
After backup arrived, the officer took pictures of "Jane Doe's" front door to the residence. The door was damaged. The officer stated that he was able to identify all three defendants by name when he saw them in the residence. In particular, the one who had escaped, CROSS GUNS, because he is aware of and knows CROSS GUNS.
When questioned, After Buffalo stated that he did not remember the incident because he was high on methamphetamine. After Buffalo however acknowledged that he "come to" while he was in the house. He stated that after entering the house, the other two individuals started throwing things in their pockets and ordering After Buffalo to do the same. After Buffalo stated that Bad Old Man kicked the door in and he claimed that the other two were going to beat him up if he did not go in there with them. After Buffalo stated that when the cops showed up he ran outside the back door, jumped a fence, and that the officer "beat him up with a bat." After Buffalo then identified all 3 individuals in the photos the neighbor's wife had taken. After Buffalo claimed that he never took anything from the house but stated that he did eat a sandwich in the house.
Bad Old Man and After Buffalo pled guilty to federal charges.
CROSS GUNS faces possible penalties of 20 years in prison, a $20,000 fine and 3 years supervised release.
The investigation was conducted by the Bureau of Indian Affairs.
U.S. Department of Justice Announces Montana Indian Tribes Awarded Public Safety GrantsRead the Press Release
United States Attorney Michael Cotter announced today the U.S. Department of Justice awarded public safety grants to two Montana Indian tribes totaling almost $1.8 million.
The Confederated Salish and Kootenai Tribes have been granted $721,266. Another Montana tribe, the Chippewa Cree Tribe, has been granted $1,094,574.
We're increasing our efforts to support tribal communities and to build and sustain tribal justice systems," stated U.S. Attorney Michael Cotter.
U.S. Attorney Cotter attended a meeting of Attorney General Eric Holder's Native American Issues Subcommittee in Celilo Village, Oregon, where the grants were announced. The Justice Department awarded 192 grants to 110 American Indian tribes, Alaska Native villages, tribal consortia, and tribal designated non-profits. The grants will provide more than $90 million to enhance law enforcement practices and sustain crime prevention efforts.
The grant to the Confederated Salish and Kootenai Tribes was awarded from the Alcohol and Substance Abuse Program overseen by the Office of Justice Programs. Tribes were encouraged to apply for funds to enhance tribal justice systems and support alcohol and substance abuse programs.
The Chippewa Cree tribe received a Public Safety and Community Policing (COPS) grant, a strategic planning grant, and a Violence Against Women Tribal Governments Program grant targeted to help decrease the incidence of violent crime against Indian women and to ensure that perpetrators of violent crimes committed against Indian women are held accountable.
Violence against native women continues at alarming rates and children in Indian country encounter violence far too often," said U.S. Attorney Michael Cotter.
Zachary Lee Blaseg 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 September 18, 2013, before U.S. District Judge Donald W. Molloy, ZACHARY LEE BLASEG, a 36-year-old resident of Livingston, was sentenced to a term of:
- Prison: 78 months
- Special Assessment: $100
- Forfeiture: computers and DVDs
- Supervised Release: 15 years
BLASEG was sentenced in connection with his guilty plea to possession of child pornography.
In an Offer of Proof filed by Special Assistant U.S. Attorney Ole Olson, the government stated it would have proved at trial the following:
In June and July of 2012, an agent for the Montana Division of Criminal Investigation was conducting an online Internet investigation to identify persons using peer-to-peer file sharing networks to download, distribute, and possess child pornography. The agent downloaded several files containing child pornography from an IP address that he later determined was assigned to an address in Livingston.
On October 15, 2012, the agent obtained and executed a search warrant on the address in Livingston. After conducting forensic previews of the computers found in the residence, the agent seized two custom computer towers from a bedroom being rented by BLASEG.
Later that day, the agent made contact with BLASEG on the Montana State University campus in Bozeman. The agent placed BLASEG under arrest on an unrelated traffic warrant. BLASEG agreed to a recorded interview with the agent and admitted that he lived at the address in Livingston. He admitted that the two computers that the Agent seized were his computers by confirming the description of these computers. He admitted that he had been searching for and downloading child pornography using these computers. BLASEG confirmed that the agent would find a large amount of child pornography on both computers.
A forensic examiner conducted a forensic examination on the computers seized from BLASEG's bedroom. Between the two computer towers, the examiner found a total of 477 videos of child pornography and 2,299 images of child pornography. Some of the images portrayed prepubescent children. Some of the images portrayed children engaged in sadistic or masochistic conduct.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that BLASEG will likely serve all of the time imposed by the court. In the federal system, BLASEG does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Montana Division of Criminal Investigation.
Vince Lee Whiteman 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 September 19, 2013, before U.S. District Judge Donald W. Molloy, VINCE LEE WHITEMAN, a 23-year-old resident of Lame Deer and an enrolled member of the Northern Cheyenne Tribe, was sentenced to a term of:
- Prison: 62 months, consecutive to another sentence
- Special Assessment: $200
- Supervised Release: 3 years
WHITEMAN was sentenced after a federal district court trial in which he was found guilty of assault with a dangerous weapon and aiding and abetting assault with a dangerous weapon.
Assistant U.S. Attorney Brendan P. McCarthy prosecuted the case for the United States.
At trial, the following evidence and testimony was presented to the jury.
On the evening of July 29, 2011, the victim was with his nephew and they were drinking together. At some point they met up with WHITEMAN and then, later, met up with Zachary Knows His Gun. All four drove to Soldier Gulch Road where they parked the car and continued to drink. The victim and Knows His Gun were in the back seat of the car. WHITEMAN had a knife with him.
An argument about who was tougher led Knows His Gun to ask WHITEMAN for his knife. WHITEMAN gave him his knife. Knows His Gun then stabbed the victim in the neck. The victim fought back, which resulted in WHITEMAN joining the fight and, according to the victim and Knows His Gun, also stabbing the victim in the neck. The victim got out of the car and was able to run away. The victim identified both Knows His Gun and WHITEMAN as the assailants.
After hiding in the hills for a period of time, the victim went to a house for help.
WHITEMAN was interviewed and admitted that he gave Knows His Gun his knife, but claimed that he did not know why Knows His Gun wanted the knife. He denied stabbing or assaulting the victim and, in fact, claimed that he pulled Knows His Gun away from the victim and tried to help the victim.
Knows His Gun, the nephew, and another witness were interviewed and described the knife that WHITEMAN was carrying the day of the assault. Knows His Gun and the other witness provided law enforcement with drawings of the knife during the investigation.
WHITEMAN was arrested on tribal charges and his pants, which appeared to have blood on them, were seized. DNA analysis confirmed that the major contributor of the DNA extracted from the blood stain on WHITEMAN's pants was the victim's.
Knows His Gun pleaded guilty to assault with a dangerous weapon and is serving a 37-month federal sentence.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that WHITEMAN will likely serve all of the time imposed by the court. In the federal system, WHITEMAN 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.
James Benjamin Arnold 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 September 18, 2013, before U.S. District Judge Donald W. Molloy, JAMES BENJAMIN ARNOLD, a 25-year-old resident of Missoula, was sentenced to a term of:
- Prison: 6 months, plus an additional 6 months of house arrest with electronic monitoring
- Special Assessment: $100
- Supervised Release: 4 years
ARNOLD was sentenced in connection with his guilty plea to 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. 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.
Detectives had the cellular telephone seized from the vehicle analyzed. The contents revealed that the owner of the vehicle, Joseph Chartraw, had been involved with selling multiple 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 involved in the conspiracy was ARNOLD. ARNOLD was approached by other members of the conspiracy and agreed to act as a courier for the organization. ARNOLD is reported to have made between 7 and 10 trips for Chartraw to California and Oregon to pick up marijuana and to deliver cash to the sources of supply. ARNOLD's expenses were paid by the organization and he was paid cash and marijuana for each of his trips.
The evidence would prove that it was reasonably foreseeable to ARNOLD, based on his own trips to California and Oregon, as well as his relationship with co-conspirators, including Brandon Bickford, that the conspiracy involved at least 100 kilograms of marijuana and was possessed with the intent to distribute.
Chartraw and Bickford pled guilty to federal charges and have been sentenced.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that ARNOLD will likely serve all of the time imposed by the court. In the federal system, ARNOLD 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.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney(s Office announced that during a federal court session in Billings, on September 19, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, the following individual was arraigned:
JONATHAN RAY GONSALEZ, a 29-year-old resident of Box Elder, appeared on a charge of aggravated sexual abuse/aiding and abetting. He is currently detained. If convicted of this charge, GONSALEZ faces possible penalties of life in prison, a $250,000 fine, and lifetime supervision. Assistant U.S. Attorney Danna R. Jackson is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
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.
Gregory John Harris 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 September 18, 2013, before U.S. District Judge Donald W. Molloy, GREGORY JOHN HARRIS, a 57-year-old resident of Humboldt County, California, was sentenced to a term of:
- Probation: 3 years, with 6 months house arrest with electronic monitoring
- Special Assessment: $100
- Fine: $15,000
HARRIS was sentenced in connection with his guilty plea to conspiracy to possess with 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:
From the summer of 2008, until the summer of 2010, Joseph Chartraw organized and profited from a marijuana distribution network across Montana. Chartraw had numerous distributors and drug couriers in Montana. Chartraw's sources of supply were identified by law enforcement as being in California. Chartraw used his cellular telephone to communicate with everyone in his distribution organization - including some of his sources of supply in California.
Chartraw's original connection to a group of marijuana growers and distributors in California was K.F. K.F. would bring together multiple growers at his home whenever Chartraw or one of his couriers would be arriving in California. K.F. would have several individuals bring their marijuana to his home for redistribution to Chartraw or one of his couriers. HARRIS was one of the sources of supply for Chartraw through K.F. HARRIS knew he was supplying marijuana for resale to K.F. and received money for each of the transactions. K.F. was the primary contact for the group and Chartraw until K.F. and Chartraw had a falling out over a vehicle title.
The evidence would show that HARRIS provided at least more than 2.5 kilograms of marijuana but less than 5 kilograms of marijuana to K.F. for redistribution to Chartraw during the course of his involvement in the conspiracy.
Chartraw pled guilty to federal charges and has been sentenced.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that HARRIS will likely serve all of the time imposed by the court. In the federal system, HARRIS 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.
Franklyn Don Hammontree 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 September 19, 2013, before U.S. District Judge Donald W. Molloy, FRANKLYN DON HAMMONTREE, a 40-year-old resident of Billings, was sentenced to a term of:
- Prison: 15 months, concurrent with a state sentencing
- Special Assessment: $100
- Supervised Release: 3 years
HAMMONTREE was sentenced in connection with his guilty plea to being a felon-in-possession of a firearm.
In an Offer of Proof filed by Assistant U.S. Attorney Kris A. McLean, the government stated it would have proved at trial the following:
On August 30, 2012, a Montana Thirteenth Judicial District Court Judge issued a bench warrant of arrest for HAMMONTREE for alleged violations of his probation and absconding from supervision. His parole officer received information that HAMMONTREE was staying at a local Billings hotel.
On September 27, 2012, HAMMONTREE was arrested at the hotel and a search of his belongings was authorized by the probation officer. Included with his belongings was a backpack that HAMMONTREE admitted was his. A Hi-Point pistol and two loaded magazines were found inside. He immediately made the statement, "that's my protection cause my brother got shot last night." The officers seized the pistol, a Hi-Point, Model C9, 9mm Luger and magazines.
At the time of his arrest on September 27, 2012, HAMMONTREE was a convicted felon on state supervision for a felony drug offense and therefore prohibited from possessing firearms or ammunition.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that HAMMONTREE will likely serve all of the time imposed by the court. In the federal system, HAMMONTREE 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.
Dawn Marie Menjivar 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 September 18, 2013, before U.S. District Judge Donald W. Molloy, DAWN MARIE MENJIVAR, a 37-year-old resident of Riverton, Wyoming, was sentenced to a term of:
- Prison: 27 months
- Special Assessment: $100
- Community Service: 200 hours
- Supervised Release: 5 years
MENJIVAR was sentenced in connection with her guilty plea to conspiracy to possess with intent to distribute and 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 C.M., an individual living in Billings. Investigators discovered that C.M., 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 Hernandez-Vaca delivered methamphetamine to C.M., his co-conspirator, 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, C.M. was incarcerated on non-drug related charges. MENJIVAR took over the distribution of methamphetamine and collection of money for the organization. MENJIVAR stored methamphetamine, distributed methamphetamine, collected money owed for methamphetamine, and regularly kept C.M. informed of the organizations operations while he was incarcerated.
MENJIVAR is responsible for the possession with intent to distribute and the distribution of over 50 grams of a substance containing a detectable amount of methamphetamine in the Billings area.
Hernandez-Vaca pled guilty to conspiracy to possess with the intent to distribute and distribution of methamphetamine.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that MENJIVAR will likely serve all of the time imposed by the court. In the federal system, MENJIVAR 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.
Theo Summers Buffalo Bulltail Found Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that on September 17, 2013, in Billings, after a federal district court trial before U.S. District Judge Donald W. Molloy, THEO SUMMERS BUFFALO BULLTAIL, a 30-year-old resident of Pryor, was found guilty of assault on a federal officer. Sentencing is set for December 18, 2013. He is currently detained.
At trial, the following evidence and testimony was presented to the jury.
On November 2, 2012, a Bureau of Indian Affairs Police officer was called to respond to a disturbance in Pryor. When he got to the house, BULLTAIL was identified by the occupants as the one causing problems. The officer tried to talk with BULLTAIL, but BULLTAIL immediately took a fighting stance. The officer tried to handcuff BULLTAIL, who then started fighting with the officer. During the ensuing scuffle, the officer was struck on the chin by BULLTAIL with the back of his head. The officer then lost his balance and struck his head, which resulted in a loss of consciousness for a brief period of time. The officer sought medical attention for pain in his head.
Assistant U.S. Attorney Lori Harper Suek prosecuted the case for the United States.
BULLTAIL faces possible penalties of 20 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was conducted by the Bureau of Indian Affairs.
Terry Lynn Braine 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 September 18, 2013, before U.S. District Judge Donald W. Molloy, TERRY LYNN BRAINE, a 47-year-old resident of Ashland, was sentenced to a term of:
- Prison: 37months
- Special Assessment: $100
- Supervised Release: 3 years
BRAINE, was sentenced in connection with his guilty plea to domestic assault by a habitual offender.
In an Offer of Proof filed by Assistant U.S. Attorney Lori Harper Suek, the government stated it would have proved at trial the following:
On November 29, 2012, BRAINE punched his elderly father in the eye causing severe swelling, redness, and a laceration. His elderly mother was present as well and suffered emotional trauma from witnessing the attack. BRAINE has four prior tribal court convictions for domestic assault - all of them involve assaults on his elderly parents.
The assault occurred in Lame Deer, which is within the exterior boundaries of the Northern Cheyenne Indian Reservation.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that BRAINE, will likely serve all of the time imposed by the court. In the federal system, BRAINE, 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.
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 September 17, 2013, before U.S. Magistrate Judge Keith Strong, the following individuals were arraigned:
RANDY LEE RIDER, a 47-year-old resident of Klamath Falls, Oregon, appeared on charges of conspiracy to possess with intent to distribute methamphetamine and possession with the intent to distribute methamphetamine. He is currently detained. If convicted of these charges, RIDER faces possible penalties of a mandatory minimum of 10 years to life in prison, a $10,000,000 fine, and 5 years supervised release on each charge. Assistant U.S. Attorney Jessica A. Betley is the prosecutor for the United States. The investigation was a cooperative effort between the Federal Bureau of Investigation and the Montana Division of Criminal Investigation.
THOMAS MICHAEL BAD OLD MAN, a 21-year-old resident of Browning, appeared on a charge of burglary. He is currently detained. If convicted of this charge, BAD OLD MAN faces possible penalties of 20 years in prison, a $50,000 fine, and 3 years supervised release. Assistant U.S. Attorney Ryan G. Weldon is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
The defendants pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Informational: Federal Court Initial AppearancesRead the Press Release
The United States Attorney(s Office announced that during a federal court session in Missoula, on September 17, 2013, before U.S. Magistrate Judge Jeremiah C. Lynch, the following individuals were arraigned:
DARWIN KADE CLINGER, a 38-year-old resident of Gilbert, Arizona, appeared on charges of wire fraud and money laundering. He is currently released on special conditions. If convicted of these charges, CLINGER faces possible penalties of 20 years in prison, a $250,000 fine, and 3 years supervised release on each charge. Assistant U.S. Attorney Timothy J. Racicot is the prosecutor for the United States. The investigation was conducted by the United States Secret Service.
KELLY R. ETZEL, a 52-year-old resident of Missoula, appeared on a charge of distribution of controlled substances. ETZEL is currently released on special conditions. If convicted of this charge, ETZEL faces possible penalties of 20 years in prison, a $1,000,000 fine, and 3 years supervised release. Assistant U.S. Attorney Cyndee L. Peterson is the prosecutor for the United States. The investigation was a cooperative effort between the Drug Enforcement Administration and the Missoula High Intensity Drug Task Force.
The defendants pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney(s Office announced that during a federal court session in Billings, on September 17, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, the following individual was arraigned:
CYD MARIE BABB, a 42-year-old resident of Billings, appeared on (21) counts of obtaining possession of controlled substance by deception. She is currently detained. If convicted of these charges, BABB faces possible penalties of 4 years in prison, a $250,000 fine, and 3 years supervised release on each count. Assistant U.S. Attorney Bryan R. Whittaker is the prosecutor for the United States. The investigation was conducted by the Drug Enforcement Administration Tactical Diversion Squad (includes the Billings Police Department, the Yellowstone County Sheriff's Office, the Montana Division of Criminal Investigation and the Laurel Police Department).
The defendant pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Henry Anthony Combs 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 September 18, 2013, before U.S. District Judge Donald W. Molloy, HENRY ANTHONY COMBS, a 56-year-old resident of Humboldt County, California, was sentenced to a term of:
- Probation: 5 years, with 6 months home arrest and electronic monitoring
- Special Assessment: $100
COMBS was sentenced in connection with his guilty plea to 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:
From the summer of 2008, until the summer of 2010, Joseph Chartraw organized and profited from a marijuana distribution network across Montana. Chartraw had numerous distributors and drug couriers in Montana. Chartraw's sources of supply were identified by law enforcement as being in California. Chartraw used his cellular telephone to communicate with everyone in his distribution organization - including some of his sources of supply in California.
Chartraw's original connection to a group of marijuana growers and distributors in California was Kirk Felhaber. Felhaber would bring together multiple growers at his home whenever Chartraw or one of his couriers would be arriving in California. Felhaber would have several individuals bring their marijuana to his home for redistribution to Chartraw or one of his couriers. COMBS was one of the sources of supply for Chartraw through Felhaber from the summer of 2008 until approximately the spring of 2009. COMBS knew he was supplying marijuana for resale to Felhaber and received money for each of the transactions. Felhaber was the primary contact for the group and Chartraw until Felhaber and Chartraw had a falling out over a vehicle title.
The evidence would show that COMBS provided at least more than 2.5 kilograms of marijuana but less than 5 kilograms of marijuana to Felhaber for redistribution to Chartraw during the course of his involvement in the conspiracy.
Chartraw and Felhaber pled guilty to federal charges.
The investigation was conducted by the Billings Big Sky Safe Streets Task Force.
Sonny Lionel Crazymule 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 September 16, 2013, before U.S. District Judge Sam E. Haddon, SONNY LIONEL CRAZYMULE, a 34-year-old resident of Lame Deer, was sentenced to a term of:
- Prison: 71 months
- Special Assessment: $100
- Supervised Release: 3 years
CRAZYMULE was sentenced after a federal district court trial in which he was found guilty of aiding and abetting assault resulting in serious bodily injury.
Assistant U.S. Attorney Lori Harper Suek prosecuted the case for the United States.
At trial, the following evidence and testimony was presented to the jury.
On the evening of November 16, 2011, the victim was in a tent with a woman in the yard of his mother's home in Lame Deer, which is within the exterior boundaries. The victim heard someone approach the tent and tell him that another woman "S.S." wanted to talk to him. The victim had made plans to be with "S.S." that night, but the victim had not showed up. The victim tried to get out of the tent, and he did get the tent door unzipped, but he was immediately struck in the head with something. The victim did not see who struck him. He lost consciousness, almost immediately, and he did not wake up until later.
The victim's brother was sleeping in the mother's home. He woke up when he heard a commotion outside of the house, and he saw two figures walking away.
After the assault, CRAZYMULE went to the house of "X.X.". CRAZYMULE was covered in blood and told "X.X." that he thought he killed someone. CRAZYMULE then took a shower and changed his clothes.
A few days later on December 1, 2011, CRAZYMULE approached two friends of "Z.Z.'s" at the Cheyenne depot, the local convenience store. CRAZYMULE told them to tell "Z.Z." that "Z.Z." better take the blame for the assault because he is a juvenile.
CRAZYMULE was interviewed. He initially denied any involvement in the assault and refused to admit that he was even at the location of the assault. He then changed his story and admitted that he was present, but he portrayed "Z.Z." as the aggressor. CRAZYMULE claimed that he had to jump on the victim to protect him from "Z.Z.'s" blows. CRAZYMULE also said that "Z.Z." struck the victim with a folding chair three or four times and that during this time he was on the victim protecting him from the blows.
Z.Z." was interviewed. He admitted that he walked to the victim's tent with CRAZYMULE and "S.S.". He asserted that both he and CRAZYMULE assaulted the victim, but it was CRAZYMULE who "went in and beat [the victim]." "Z.Z." admits that he hit the victim with a chair.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that CRAZYMULE will likely serve all of the time imposed by the court. In the federal system, CRAZYMULE 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.
Jennifer Michael Swanson 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 September 16, 2013, before U.S. District Judge Sam E. Haddon, JENNIFER MICHAEL SWANSON, a 41-year-old resident of Billings, was sentenced to a term of:
- Prison: 48 months
- Special Assessment: $100
- Supervised Release: 4 years
SWANSON was sentenced in connection with his guilty plea to possession with the intent to distribute methamphetamine.
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:
On March 11, 2013, an Idaho State Police officer stopped a vehicle driven by an adult male in Power County, Idaho. SWANSON was a passenger in the vehicle. The male driver said he and SWANSON had driven from Billings to Nevada the previous day and were returning to Billings.
SWANSON and the male driver each admitted that cocaine and methamphetamine were in the car. A search of the vehicle ensued. The authorities found three bulk pounds of methamphetamine and a pound of cocaine in the vehicle. The officers also searched a purse located on the front passenger seat. The purse contained a syringe with liquid methamphetamine, a small amount of methamphetamine in several small plastic baggies, drug paraphernalia, and a .40 caliber handgun. The packaging of methamphetamine in several baggies is consistent with the intent to distribute the drug.
The male driver was interviewed by the Drug Enforcement Administration following his entry of a guilty plea in this matter. The male driver stated that, on March 10, 2013, he and SWANSON left Billings and went to Nevada. The male driver stated that he went on the trip to deliver money from another drug dealer in Billings to an associate drug dealer in Nevada. The male driver said that he did not expect that they would pick up any drugs in Nevada, but were provided the bulk quantities of methamphetamine and cocaine in Nevada and instructed to deliver the drugs to Billings. Those bulk quantities were among the drugs seized in Nevada.
The male driver said that the drug dealer in Billings requested that SWANSON go on the trip to Nevada with the male driver. The male driver said the drug dealer in Billings gave SWANSON two ounces of methamphetamine to go on the trip with the male driver. SWANSON possessed those ounces of methamphetamine at the time she and the male driver left Billings on March 10, 2013.
A DEA chemist analyzed the methamphetamine and cocaine seized by the authorities in Idaho. The bulk quantity of cocaine contained a detectable amount of cocaine and the bulk quantity of methamphetamine contained a detectable amount of methamphetamine.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that SWANSON will likely serve all of the time imposed by the court. In the federal system, SWANSON does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Drug Enforcement Administration, Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Montana Division of Criminal Investigation.
Kaylene Shane Red Wolf 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 September 12, 2013, before U.S. District Judge Sam E. Haddon, KAYLENE SHANE RED WOLF, a 44-year-old resident of Hardin, pled guilty to theft from local government receiving federal funding. Sentencing has been set for January 1, 2014. She is currently released on special conditions.
In an Offer of Proof filed by Assistant U.S. Attorney Carl E. Rostad, the government stated it would have proved at trial the following:
The Lodge Grass Public Schools - on the Crow Indian Reservation - operates with approximately $4.5 million in annual federal funding.
RED WOLF was a Payroll Clerk for the Lodge Grass Public Schools (LGPS) from October 2011 to her resignation on September 11, 2012.
In June 2012, RED WOLF executed a double salary scheme whereby she would issue herself a partial pay check even though she also arranged payment to herself through direct deposit for the same hours worked. She doubled her pay for those hours on five separate occasions between June 20, 2012, and August 15, 2012.
Between November 4, 2011, and June 12, 2012, RED WOLF also employed a scheme whereby she wrote other checks for her own benefit. These fraudulent payments involved pay for hours not documented as having been worked and overpayments for holiday pay.
When interviewed about the allegedly illegal payments, RED WOLF admitted that she was not entitled to receive the full 80 hours on her normal payday when she had already advanced herself a portion of those hours between paydays. RED WOLF admitted she was the person that input the payroll hours into the LGPS computer system so the paychecks could be issued to employees, including herself. RED WOLF said she intended to repay the unauthorized funds she received while employed as the Payroll Clerk for the LGPS, but that she had not made any repayments due to other financial difficulties she was experiencing.
When the questioning turned to the other allegedly improper payments, RED WOLF terminated the interview.
The loss to the Lodge Grass Public Schools was $10,002.60, although RED WOLF terminated the interview before some of the questioned payments were discussed. The United States and RED WOLF will endeavor to reach an understanding about the total amount of loss well before sentencing.
RED WOLF faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was conducted by the U.S. Department of Interior - Office of Inspector General.
Rodney Royce 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 12, 2013, before U.S. District Judge Donald W. Molloy, RODNEY ROYCE MILLER, a 60-year-old resident of Kalispell, was sentenced to a term of:
- Prison: 120 months, consecutive to sentence in CR-08-103-GF-SEH
- Special Assessment: $100
- Supervised Release: life
MILLER was sentenced in connection with his guilty plea to accessing with the intent to view child pornography.
In an Offer of Proof filed by Assistant U.S. Attorney Cyndee L. Peterson, the government stated it would have proved at trial the following:
On September 21, 2012, a federal probation officer made contact with MILLER in MILLER's van in Flathead County. The probation officer observed MILLER looking at images of child pornography on his notebook computer.
Detectives from the Flathead County Sheriff's Office subsequently obtained a search warrant for the notebook computer. When interviewed, MILLER admitted he used the computer to view child pornography on the Internet.
When the notebook was forensically examined Image files, which included cache and non-cache files depicting child pornography, were located. The examiner also located cache records which were indicative of a user seeking child pornography.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that MILLER will likely serve all of the time imposed by the court. In the federal system, MILLER 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 Flathead County Sheriff's Office, the Montana Internet Crimes Against Children (ICAC) Task Force, the U.S. Probation, and the Montana Division of Criminal Investigation.
Kyle Lee Fulmer 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 September 11, 2013, before U.S. District Judge Sam E. Haddon, KYLE LEE FULMER, a 29-year-old resident of Colstrip, was sentenced to a term of:
- Prison: 30 months
- Special Assessment: $100
- Supervised Release: 3 years
FULMER was sentenced in connection with his guilty plea to involuntary manslaughter.
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 September 19, 2012, at approximately 2:30 a.m., law enforcement received a call about a one-vehicle rollover crash on South Tongue River road, near Ashland, on the Northern Cheyenne Indian Reservation. The first officer on scene, a deputy from Rosebud County, identified FULMER as the driver of the Chevy pickup involved in the crash. FULMER, who was ejected from the truck, admitted that he was the driver and that he had been drinking. The deceased passenger was found in the passenger seat inside of the pickup wearing a seat belt. The passenger died of multiple acute blunt traumatic injuries to the upper body.
FULMER was interviewed and admitted that he was driving his pickup on South Tongue River road. He lost control of the pickup, drove through a barbed wire fence, rolled down an embankment, and ended up upright in a field. There were beer cans and bottles near the truck. He had been drinking alcohol prior to the crash. His BAC was .137. This analysis was performed on a sample of FULMER's blood taken some hours after the crash.
FULMER is a non-Indian, but the victim was an enrolled member of the Northern Cheyenne Tribe.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that FULMER will likely serve all of the time imposed by the court. In the federal system, FULMER 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.
Kenneth Mark Enge 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 September 9, 2013, before U.S. District Judge Sam E. Haddon, KENNETH MARK ENGE, a 36-year-old resident of Billings, was sentenced to a term of:
- Prison: 37 months
- Special Assessment: $100
- Supervised Release: 3 years
ENGE was sentenced in connection with his guilty plea to being a felon-in-possession of a firearm.
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 2004, ENGE was convicted of felony assault with a weapon in the Montana Thirteenth Judicial District Court and was therefore prohibited from possessing firearms or ammunition.
On August 27, 2012, Billing Police Department officers responded to a report of a disturbance involving a firearm in the area of the 600 block of South 35th Street in Billings. Upon their arrival, they found ENGE and another individual in the yard of home on South 35th Street. ENGE failed to show his hands to the officers and fled on foot towards the alley. Officers saw ENGE throw a dark object, believed to be a firearm, into some bushes on the east side of the front yard. After he threw the gun, ENGE then came back to the officers and was arrested. A Hi-Point, 9mm semi-automatic pistol containing seven rounds of ammunition in the magazine and one round in the chamber was found in the bushes.
ENGE first denied that he had a gun, then claimed that he had a pellet gun. The other individual that was in the yard admitted that ENGE did have the gun, and that he threatened to shoot her father while the two were arguing at that location. ENGE and the other individual talked on recorded jail calls about setting up a story about the gun being a pellet gun and possibly contacting the other individual's dad to get him to say that he did not see a gun. In the jail call, they also spoke about how ENGE did possess the firearm and how the officers did observe ENGE throw the firearm in the bushes. During a different phone conversation between ENGE and a different individual, ENGE described how someone else acquired the firearm and gave it to ENGE.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that ENGE will likely serve all of the time imposed by the court. In the federal system, ENGE 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.
Joshua James Mccormick 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 11, 2013, before U.S. District Judge Dana L. Christensen, JOSHUA JAMES McCORMICK, a 19-year-old resident of Flathead County, was sentenced to a term of:
- Probation: 5 years, with 6 months home arrest
- Special Assessment: $100
- Restitution: $7,319
- Community Service: 200 hours
McCORMICK was sentenced in connection with his guilty plea to possession of stolen firearms.
In an Offer of Proof filed by Assistant U.S. Attorney Paulette L. Stewart, the government stated it would have proved at trial the following:
On May 20, 2012, the Wooden Nickel Pawn Shop in Flathead County was burglarized and eight firearms were stolen.
On June 22, 2012, the Anything Pawn Shop in Flathead County was burglarized and 16 firearms were stolen.
McCORMICK and his co-defendants took 16 firearms and various firearm accessories. McCORMICK ended up with four of stolen firearms - three from Anything Pawn Shop and one from Wooden Nickel Pawn.
On July 26 and 27, 2012, law enforcement purchased a firearm from McCORMICK. During their interaction with McCORMICK, they seized two firearms stolen from Anything Pawn Shop. McCORMICK also admitted his role in the Anything Pawn Shop burglary.
The investigation was a cooperative effort between the Flathead County Sheriff's Office, the Kalispell Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Joseph Allen Lesmeister, Jr., Virgil Duane Matt, and Larry Charles McCormick, 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 11, 2013, before U.S. District Judge Donald W. Molloy, JOSEPH ALLEN LESMEISTER, JR., a 23-year-old resident of Kalispell, VIRGIL DUANE MATT, age 21, and LARRY CHARLES McCORMICK, age 21, residents of Columbia Falls, were each sentenced to a term of:
- Probation: 5 years, with 6 months home arrest
- Special Assessment: $100
- Restitution: $7,319
- Community Service: 400 hours
They were sentenced in connection with their guilty pleas to possession of stolen firearms.
In an Offer of Proof filed by Assistant U.S. Attorney Paulette L. Stewart, the government stated it would have proved at trial the following:
On May 20, 2012, the Wooden Nickel Pawn Shop in Flathead County was burglarized and eight firearms were stolen.
On June 22, 2012, the Anything Pawn Shop in Flathead County was burglarized and 16 firearms were stolen.
MATT, LESMEISTER, LARRY MCCORMICK, and JOSHUA MCCORMICK took 16 firearms and various firearm accessories. MATT and LESMEISTER ended up with 10 stolen firearms from Anything Pawn. Joshua McCormick ended up with four of stolen firearms - three from Anything Pawn Shop and one from Wooden Nickel Pawn. The disposition of two of the firearms stolen from Anything Pawn remains unknown.
On July 16 and 17, 2012, law enforcement seized 11 firearms stolen from Anything Pawn Shop from MATT and LESMEISTER. MATT admitted that he, LESMEISTER, Joshua McCormick, and LARRY McCORMICK burglarized Anything Pawn Shop in May 2012. Two stolen firearms from the Wooden Nickel were also recovered from MATT and LESMEISTER.
On July 26 and 27, 2012, law enforcement purchased a firearm from Joshua McCormick. During their interaction with Joshua McCormick and LARRY McCORMICK, law enforcement seized two firearms stolen from the Anything Pawn Shop. Both McCORMICK brothers admitted their roles in the Anything Pawn Shop burglary.
Joshua McCormick pled guilty to federal charges.
- e investigation was a cooperative effort between the Flathead County Sheriff's Office, the Kalispell Police Department, the Montana Division of Criminal Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Jerard David Jo Threefingers 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 September 11, 2013, before U.S. District Judge Sam E. Haddon, JERARD DAVID JO THREEFINGERS, a 23-year-old resident of Lame Deer and an enrolled member of the Northern Cheyenne Tribe, was sentenced to a term of:
- Prison: 37 months
- Special Assessment: $100
- Restitution: $1,300
- Supervised Release: 3 years
THREEFINGERS was sentenced in connection with his guilty plea to involuntary manslaughter.
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 October 2, 2012, at approximately 12:30 p.m., law enforcement was advised of a one vehicle rollover crash on Crazy Head Springs Road near Lame Deer on the Northern Cheyenne Indian Reservation. The caller reported that one passenger was unconscious and another passenger was injured and needed medical help. Law enforcement arrived on the scene and found both a male and female lying on the ground. The female was deceased; the male was alive but injured. Law enforcement took photographs and collected evidence, including an empty Budweiser 30-pack container and 2 unopened cans of Budweiser.
After additional investigation, law enforcement learned that the vehicle, a Ford Explorer, was owned by the deceased female but they were unsure whether she had been driving the vehicle at the time of the crash. There were clear shoe impressions on the brake pedal and the driver's side door panel, but the deceased female was barefoot. Also, the driver's side seat was adjusted for someone much taller than the deceased female.
After some additional investigation, law enforcement learned that THREE FINGERS and another female had been in the car at the time of the crash but had walked away from the scene. Approximately two hours after the crash, THREE FINGERS was located by law enforcement and arrested on tribal charges of intoxication, DUI, and criminal homicide. THREE FINGERS was not interviewed until the next day because of his level of intoxication.
At first, THREE FINGERS identified the deceased female as the driver but, after further questioning, THREE FINGERS admitted that he was the driver. He admitted that he had been drinking prior to the crash and he explained that he hit a bump, lost control of the car, and caused the death of female and the injuries to the other passenger.
A toxicology screen of a blood sample taken from THREE FINGERS about three hours after the crash contained a blood alcohol content of .09.
The passenger that walked away from the scene with THREE FINGERS was interviewed and also admitted that THREE FINGERS was driving the vehicle at the time of the crash.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that THREEFINGERS will likely serve all of the time imposed by the court. In the federal system, THREEFINGERS does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on September 12, 2013, before U.S. Magistrate Judge Keith Strong, the following individual was arraigned:
CHARLES CROSBY, a 42-year-old resident of Trenton, New Jersey, appeared on charges of child exploitation enterprise and conspiracy to advertise child pornography. He is currently detained. If convicted of these charges, CROSBY faces possible penalties of a mandatory minimum of 20 years to life imprisonment, a $250,000 fine, and 5 years to life supervised release for the child exploitation count; and possible penalties of a mandatory minimum of 15 to 30 years imprisonment, a $250,000 fine, and 5 years to life supervised release for the conspiracy to advertise child pornography count. 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 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.
Ervin Salgado Osorio 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 September 11, 2013, before U.S. District Judge Sam E. Haddon, ERVIN SALGADO OSORIO, a 32-year-old resident of Toppenish, Washington, was sentenced to a term of:
- Prison: 180 months
- Special Assessment: $200
- Supervised Release: 4 years
OSORIO was sentenced after a federal district court trial in which he was found guilty of conspiracy to distribute methamphetamine and distribution of methamphetamine. Assistant U.S. Attorney Paulette L. Stewart prosecuted the case for the United States.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that OSORIO will likely serve all of the time imposed by the court. In the federal system, OSORIO 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 Missouri River Drug Task Force, the Federal Bureau of Investigation, the Montana Division of Criminal Investigation, the Helena Police Department, the Lewis & Clark Sheriff's Office, and the Drug Enforcement Administration.
Thomas Michael Shumate 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 September 10, 2013, before U.S. District Judge Sam E. Haddon, THOMAS MICHAEL SHUMATE, a 35-year-old resident of Red Lodge, was sentenced to a term of:
Prison: 27 months
Special Assessment: $100
Supervised Release: 3 years
SHUMATE was sentenced in connection with his guilty plea to being a felon-in-possession of a firearm..
In an Offer of Proof filed by Assistant U.S. Attorney Paulette L. Stewart, the government stated it would have proved at trial the following:
In Nashville, Tennessee, SHUMATE was convicted of felony burglary to a vehicle in 2005, and in 2008 of felony burglary to a vehicle and felony theft, therefore prohibiting him from possessing firearms.
On September 20, 2012, the owner of the Red Lodge Antique Mall called law enforcement concerned about two firearms that they purchased from SHUMATE the previous day. The firearms were a Savage/Stevens, model 94 - Series P, .410 caliber, break-automatic shotgun, and a Savage, model III, .300 Win Mag caliber, bolt-automatic rifle.
Law enforcement later learned that the firearms were taken from a Red Lodge residence that SHUMATE was house-sitting.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that SHUMATE will likely serve all of the time imposed by the court. In the federal system, SHUMATE 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 Red Lodge Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Thomas Joseph Spotted Eagle 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 September 10, 2013, before U.S. District Judge Sam E. Haddon, THOMAS JOSEPH SPOTTED EAGLE, a 30-year-old resident of Pablo, was sentenced to a term of:
Prison: 12 months
Special Assessment: $100
Supervised Release: 3 years
SPOTTED EAGLE was sentenced in connection with his guilty plea to use of a communications device to aid in a conspiracy to possess with 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 his 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 that was 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 Chartraw was SPOTTED EAGLE. On June 15, 2010, SPOTTED EAGLE and Chatraw exchanged a series of text messages arranging for SPOTTED EAGLE to pick up marijuana from one of Chartraw's distributors for future distribution to SPOTTED EAGLE's marijuana customers.
Chartraw was interviewed and admitted SPOTTED EAGLE was his second largest distributor of marijuana and that the two used their cellular telephones to arrange drug deals.
Chartraw pled guilty to federal charges and has been sentenced.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that SPOTTED EAGLE will likely serve all of the time imposed by the court. In the federal system, SPOTTED EAGLE 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.
Michael Anthony Ervin 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 September 10, 2013, before U.S. District Judge Sam E. Haddon, MICHAEL ANTHONY ERVIN, a 48-year-old resident of Billings, was sentenced to a term of:
Prison: 148 months
Special Assessment: $100
Supervised Release: 3 years
ERVIN was sentenced in connection with his guilty plea to distribution of hydrocodone.
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:
An agent assigned to the Drug Enforcement Administration's Tactical Diversion Squad purchased prescription pills from ERVIN in Roundup and Billings from December 28, 2011, and continuing through February 3, 2012.
Specifically, the agent purchased 60 hydrocodone 5mg pills on December 28, 2011, in Roundup, from ERVIN. The agent purchased 20 hydrocodone 5mg pills and 12 morphine 30mg pills on January 18, 2012, in Billings, from ERVIN. The agent purchased 100 hydrocodone 5mg pills on February 3, 2012, in Billings, from ERVIN.
A chemist from the DEA laboratory in San Francisco verified the presence of controlled substances - hydrocodone and morphine - in the pills purchased from ERVIN.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that ERVIN will likely serve all of the time imposed by the court. In the federal system, ERVIN 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 Tactical Diversion Squad which includes the Montana Division of Criminal Investigation and the Billings Police Department.
Martin Lloyd Old Horn 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 September 10, 2013, before U.S. District Judge Sam E. Haddon, MARTIN LLOYD OLD HORN, a 22-year-old resident of Hardin, was sentenced in Cause No. CR 13-28-BLG-SEH to a term of:
Prison: 6 months, concurrent with CR 13-27-BLG-SEH
Special Assessment: $100
Supervised Release: 3 years
OLD HORN was sentenced in connection with his guilty plea to federal student aid loan fraud.
In addition, OLD HORN was sentenced in Cause No. CR 13-27-BLG-SEH to a term of:
Prison: 6 months, concurrent with CR 13-28-BLG-SEH
Special Assessment: $100
Restitution: $21,820
Supervised Release: 3 years
OLD HORN was sentenced in connection with his guilty plea to mail fraud.
In Offer of Proofs filed by Assistant U.S. Attorney Carl E. Rostad, the government stated it would have proved at trial the following:
In Cause No. CR 13-27-BLG-SEH:
The Crow Tribal Historic Preservation Office (CTHPO) Is a designated office of the Crow Indian Tribe that provides for direct Tribal involvement and leadership in the protection and enhancement of Crow lands and cultural resources. It serves to identify, inventory, and protect culturally, archeologically, and historically important resources both on and off the reservation.
Each year, the CTHPO receives grant funds from the National Park Service, U.S. Department of the Interior. A requirement for any enterprise seeking to do work on the reservation that may disturb tribal lands - utilities, construction, energy exploration, development - is that the business employ the services of a CTHPO employee (archeological technician) to monitor the project to insure that lands of cultural or historic importance are not destroyed. The company is then charged for this monitoring service and payments are made to the Crow Tribe.
During the summers of 2010 and 2011, either before leaving for or while home from school at the University of Montana (UM), OLD HORN, at the urging and instigation of his mother and other family members, represented himself to be a monitor for the Crow Tribe Historical Preservation Office. He had no training for the position, had not been hired by the Crow Tribe to be a tribal monitor, and had no authority other than the direction of his family to engage in the business of being a tribal monitor.
During 2010, the evidence would have reflected that the invoices to companies for direct payment to OLD HORN, for his purported services, were submitted by his mother. During 2011, the time period alleged in the indictment, the evidence indicates that OLD HORN submitted invoices for his purported services directly. OLD HORN billed on an hourly basis and always billed for an entire day. The evidence would show that OLD HORN was usually in the company of his mother or cousin when on-site, that he made no logs or reports documenting his work or observations as required by legitimate monitoring standards, and that on numerous occasions he was not on site for the hours billed to the company. During the time period of the indictment - the two month period in the summer of 2011 - OLD HORN received $19,184.15 in compensation from companies doing business on the Crow Indian Reservation.
In addition, OLD HORN received an additional $24,477 when his mother submitted invoices on his behalf, for a total of $43,661 received on the basis of his billing for services as if a legitimate tribal monitor. The United States maintains that the fraudulent nature of the invoices remains the same whether submitted by OLD HORN or his mother. The United States and OLD HORN have stipulated to one-half of the total amount - $21,830 - as restitution and use in the fraud loss calculation based on the time and service that may have been legitimately rendered.
The companies made their payments to Martin OLD HORN through the U.S. Mail.
In Cause No. CR 13-28-BLG-SEH:
The Crow Tribal Historic Preservation Office (CTHPO) Is a designated office of the Crow Indian Tribe that provides for direct Tribal involvement and leadership in the protection and enhancement of Crow lands and cultural resources. It serves to identify, inventory, and protect culturally, archeologically, and historically important resources both on and off the reservation.
Each year, the CTHPO receives grant funds from the National Park Service, U.S. Department of the Interior. A requirement for any enterprise seeking to do work on the reservation that may disturb tribal lands - utilities, construction, energy exploration, development - is that the business employ the services of a CTHPO employee (archeological technician) to monitor the project to insure that lands of cultural or historic importance are not destroyed. The company is then charged for this monitoring service and payments are made to the Crow Tribe.
During the summers of 2010 and 2011, either before leaving for or while home from school at the University of Montana (UM), OLD HORN, at the urging and instigation of his mother and other family members, represented himself to be a monitor for the Crow Tribe Historical Preservation Office. He had no training for the position, had not been hired by the Crow Tribe to be a tribal monitor, and had no authority other than the direction of his family to engage in the business of being a tribal monitor.
Evidence would have been presented to establish that OLD HORN was a student at UM during the fall of 2011. In late October OLD HORN completed an on-line Free Application for Federal Student Aid (FAFSA), an application used by the U.S. Department of Education to determine eligibility for Pell Grants and Stafford loans, wherein he indicated that he had no earned income during the previous year. In truth, during the previous year, companies had paid OLD HORN approximately $21,600 for monitoring services based on invoices he had submitted (or which had been submitted by his mother on his behalf). Such income, if revealed, would have materially affected the decisions of the U.S. Department of Education in determining entitlement to federal aid and the level of federal aid.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that OLD HORN will likely serve all of the time imposed by the court. In the federal system, OLD HORN does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigations were conducted by the U.S. Department of Interior - Office of Inspector General.
Renee Rachelle Voorhis 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 September 9, 2013, before U.S. District Judge Sam E. Haddon, RENEE RACHELLE VOORHIS, a 28-year-old resident of Billings, was sentenced to a term of:
Prison: 18 months
Special Assessment: $100
Restitution: $80,185
Supervised Release: 3 years
VOORHIS was sentenced in connection with her guilty plea to Social Security fraud.
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:
VOORHIS was married to Nicholas Edgerley. VOORHIS and Edgerley had a child - A.E. in 2004. Edgerley died on June 17, 2005. On August 23, 2005, VOORHIS applied for Old Age Survivor Disability Insurance (OASDI) benefits from the Social Security Administration (SSA) on behalf of her child. The application was based on the death of the child's father. VOORHIS also applied to serve as the child's representative payee for OASDI benefits. On September 2, 2005, the SSA awarded the child OASDI benefits and designated VOORHIS as the child's representative payee.
During the application process, the SSA advised VOORHIS of all of her legal obligations regarding events affecting eligibility to OASDI benefits for her child. VOORHIS was provided a written copy of her legal obligations. The SSA annually sent out correspondence again advising VOORHIS of each of her legal obligations with respect to her child's benefits. VOORHIS was required to and did complete annual accounting forms which were intended to account for how the OASDI benefits were used and to certify that her child was still in her care and custody.
On February 1, 2012, VOORHIS's father, told the SSA that he and his wife had been raising VOORHIS's child since October 2005 and were receiving no financial assistance from VOORHIS.
On February 14, 2012, VOORHIS's parents were interviewed by law enforcement. Both indicated they were aware their daughter was receiving OASDI benefits on her child's behalf. VOORHIS initially assisted them financially with the child's care - approximately four months, November 2005 to February 2006. On several occasions, they asked VOORHIS about receiving the child's OASDI benefits to aid in the child's care. VOORHIS threatened to remove the child from her parents custody when questioned about the OASDI benefits. VOORHIS's parents indicated that she was a drug addict and in and out of jail since the child began living with them.
On July 19, 2012, VOORHIS was interviewed by law enforcement. VOORHIS confessed that she knew her legal reporting obligations regarding collecting OASDI benefits on behalf of her child. VOORHIS confessed she initially gave four months of benefits to her parents and then stopped. VOORHIS stated that she used the funds to pay for her living expenses and to support her drug habit. VOORHIS confessed to concealing that she was not caring for or in custody of her child by falsifying and submitting SSA representative accounting forms in 2007 and 2008 to 2011.
The total overpayment by SSA to VOORHIS for her child was $82,730. The amount takes into account the four months of payments VOORHIS forwarded to her parents initially for the child's care.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that VOORHIS will likely serve all of the time imposed by the court. In the federal system, VOORHIS 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 Criminal Investigation Division of the Internal Revenue Service.