FEDERAL DISTRICT ARCHIVE
District of Montana
Press releases recorded for this federal judicial district.
Heather Louise Manyen 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 June 20, 2013, before U.S. District Judge Sam E. Haddon, HEATHER LOUISE MANYEN, a 32-year-old resident of Laurel, was sentenced to a term of:
Prison: 34 months
Special Assessment: $100
Community Service: 400 hours
Supervised Release: 5 years
MANYEN was sentenced in connection with her guilty plea to conspiracy to possess methamphetamine with intent to distribute and distribution.
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., D.M. and A.H. began supplying the larger methamphetamine organization in late 2010 with methamphetamine after the prior source of supply had a run in with law enforcement. C.M., D.M. and A.H., had several distributors that sold the methamphetamine for the organization. One of the distributors was Julie Rozell. Rozell admitted to distributing approximately four pounds of methamphetamine for the organization. One of her distributors was HEATHER MANYEN.
During the investigation law enforcement learned that HEATHER MANYEN was a distributor of methamphetamine for Rozell from approximately March 2011, and continuing thereafter until late January 2012. HEATHER MANYEN worked with Frank Manyen to distribute the methamphetamine obtained from Rozell. HEATHER MANYEN and Frank Manyen together distributed the methamphetamine they obtained from Rozell in the greater Billings area. HEATHER MANYEN and Frank Manyen obtained approximately 700 grams of methamphetamine from Rozell, which they in turn distributed to their own customers.
Frank Manyen and Julie Rozell 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 MANYEN will likely serve all of the time imposed by the court. In the federal system, MANYEN 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 and High Intensity Drug Trafficking Area (HIDTA) Task Force.
Fabio Noel-Rodriguez 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 June 19, 2013, before U.S. District Judge Sam E. Haddon, FABIO NOEL-RODRIGUEZ, age 37, was sentenced to a term of:
Prison: 148 months
Special Assessment: $ 100
Supervised Release: 5 years
NOEL-RODRIGUEZ 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. Attorney Jessica T. Fehr, the government stated it would have proved at trial the following:
On the evening of January 24, 2011, the Yellowstone County Sheriff's Office (YCSO) received a phone call from a desk clerk at a hotel in Lockwood. The desk clerk told law enforcement that a man and woman had just checked into the motel using a stolen driver's license. In a twist of fate, only possible in a state like Montana, the desk clerk was a friend of the woman whose identification was stolen earlier on the same day and recognized the license immediately when it was presented by the female upon check in.
Deputies were sent to the motel and spoke with the desk clerk. The desk clerk provided law enforcement with a copy of the Wyoming ID card used for check-in. The desk clerk also provided law enforcement with a copy of the room registration receipt that showed the vehicle listed as belonging to the male and female that rented the room. The vehicle was listed as having a Florida license plate.
A deputy went to the parking lot and drove through it looking for a Florida license plate. As he approached the rear of the motel the deputy saw a vehicle with a Florida license plate beginning to leave the motel parking lot. There were no other vehicles in the motel parking lot with a Florida license plate. The vehicle was pulled over.
The driver of the car was identified as NOEL-RODRIGUEZ. The passenger was identified as Michelle Steinfeldt. NOEL-RODRIGUEZ was arrested for driving without a driver's license. The car was secured and later a drug sniffing K9 was run around the car. The dog alerted for the odor of narcotics. A search warrant was obtained for the vehicle. Law enforcement found four cellular telephones, two packages containing 266.4 grams of pure methamphetamine, $3,909 in cash, a digital scale with methamphetamine residue, ziploc bags, and a lap top. The cash, the drugs and the digital scale were found in a hidden, false compartment in the vehicle.
Steinfeldt 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 NOEL-RODRIGUEZ will likely serve all of the time imposed by the court. In the federal system, NOEL-RODRIGUEZ 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.
Krista Little Head 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 June 19, 2013, before U.S. District Judge Sam E. Haddon, KRISTA LITTLE HEAD, a 28-year-old former resident of Billings, was sentenced to a term of:
Prison: 125 months
Special Assessment: $100
Supervised Release: 4 years
LITTLE HEAD was sentenced in connection with his guilty plea to conspiracy to possess with intent to distribute methamphetamine.
The government stated it would have proved at trial the following:
On December 8, 2011, members of the Big Sky Safe Streets Task Force (BSSSTF) along with members of the Eastern Montana High Intensity Drug Trafficking Area (EMHIDTA) conducted a controlled drug purchase using a confidential informant (CI). The CI stated LITTLE HEAD could purchase one (1) ounce of methamphetamine for $2,300 from a Hispanic male who goes by the name "Ramiro." The CI arranged to meet LITTLE HEAD at a casino in downtown Billings. The CI met LITTLE HEAD and then both met with "Ramiro" inside the casino. All subjects left the casino and got into a vehicle driven by LITTLE HEAD, traveled a short distance, and met with another subject who was the source. The source was driving a Jeep. The CI said "Ramiro" got out of LITTLE HEAD's vehicle and into the Jeep. "Ramiro" returned to LITTLE HEAD's vehicle and placed a plastic baggie that contained the methamphetamine inside, and said, "all there, it's all weighed." The CI handed "Ramiro" $2,300 for the drugs and they parted ways. The methamphetamine's actual weight was 26.4 grams and 63.8% purity.
On December 9, 2011, another deal was set up using the same CI. LITTLE HEAD agreed to sell the CI one (1) ounce of methamphetamine for $2,300. It was also agreed LITTLE HEAD would receive $100 for "middling" the deal. The CI met LITTLE HEAD at a different casino in Billings. The CI got into LITTLE HEAD's vehicle and they drove to the another casino where they met with "Ramiro." The money was exchanged for the one ounce of methamphetamine and they parted ways. The methamphetamine's actual weight was 27.7 grams and 61.4% purity.
Agents identified "Ramiro" as Ismael Zamora and he has subsequently been prosecuted. When questioned, LITTLE HEAD admitted her role in the conspiracy and distributions, indicating that she met Zamora in November 2011, and helped him distribute methamphetamine in Billings and elsewhere. She admitted to the two distributions to the CI, and also said that she sold smaller amounts of methamphetamine for him as well, usually $100 deals on 6-10 occasions, and delivered methamphetamine from Zamora to another person three times for $700, $400 and $200. LITTLE HEAD's dealings with Zamora ended in January 2012 because she owed him money for methamphetamine and was not able to pay.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that LITTLE HEAD will likely serve all of the time imposed by the court. In the federal system, LITTLE HEAD 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 Billings Big Sky Safe Streets Task Force.
Kerry Lynn Van Haele 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 June 19, 2013, before Senior U.S. District Judge Jack D. Shanstrom, KERRY LYNN VAN HAELE, a 29-year-old resident of Billings, was sentenced to a term of:
Prison: 46 months
Special Assessment: $100
Supervised Release: 4 years
VAN HAELE 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 Jessica T. Fehr, the government stated it would have proved at trial the following:
In January 2010, agents began investigating a methamphetamine distribution cell out of Las Vegas, Nevada, that was involved in the trafficking of high-purity methamphetamine to Billings. Throughout the course of the investigation, agents learned the identities of members in the criminal organization and began conducting interviews with them.
Agents were advised by numerous sources connected to the distribution of methamphetamine that VAN HAELE was one of the subjects obtaining methamphetamine from "X.X." and his organization, and that she was involved in the re-distribution of the drug. These activities took place on or about May 2010 until September 2010, and occurred within the State of Montana.
Co-conspirators with knowledge of VAN HAELE's activities advised that VAN HAELE allowed at least one package containing methamphetamine to be delivered to her residence. The methamphetamine was then re-distributed.
VAN HAELE admitted to obtaining between one (1) and two (2) pounds of methamphetamine from "X.X." during approximately May 2010 and September 2010. VAN HAELE admitted to re-distributing the methamphetamine she obtained.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that VAN HAELE will likely serve all of the time imposed by the court. In the federal system, VAN HAELE does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Billings Big Sky Safe Streets Task Force, the Drug Enforcement Administration, and the U.S. Department of Homeland Security - Homeland Security Investigations.
Armando Hernandez-Vaca 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 June 19, 2013, before Senior U.S. District Judge Jack D. Shanstrom, ARMANDO HERNANDEZ-VACA, a 25-year-old resident of Billings, was sentenced to a term of:
Prison: 70 months
Special Assessment: $100
Supervised Release: 5 years
HERNANDEZ-VACA 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 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. 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, D.M., 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. D.M. took over the distribution of methamphetamine and collection of money for the organization. HERNANDEZ-VACA also came back to Billings during the same time to bring more methamphetamine and to make sure D.M. could continue the distribution of methamphetamine in the area. Following C.M.'s arrest, HERNANDEZ-VACA became more involved in the actual distribution of methamphetamine to C.M.'s network of distributors and began to collect drug debts from C.M.'s customers.
During the course of his involvement in the conspiracy, HERNANDEZ-VACA distributed over 500 grams of a mixture containing a detectable amount of methamphetamine from places outside of the state of Montana into the Yellowstone County area.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that HERNANDEZ-VACA will likely serve all of the time imposed by the court. In the federal system, HERNANDEZ-VACA 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.
Vern Thomas Gardipee 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 June 18, 2013, before U.S. Magistrate Judge Keith Strong, VERN THOMAS GARDIPEE, a 49-year-old resident of Box Elder and an enrolled member of the federally recognized Chippewa Cree Indian Tribe, pled guilty to sexual abuse of a minor. Sentencing has been set for September 25, 2013. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Danna R. Jackson, the government stated it would have proved at trial the following:
On 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.
GARDIPEE faces possible penalties of 15 years in prison, a $250,000 fine and lifetime supervision.
The investigation was conducted by the Federal Bureau of Investigation.
Shyann Marie Dupree 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 June 18, 2013, before U.S. Magistrate Judge Keith Strong, SHYANN MARIE DUPREE, a 36-year-old resident of Poplar and an enrolled member in a federally-recognized tribe, pled guilty to burglary. Sentencing has been set for September 25, 2013. She 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 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.
DUPREE faces possible penalties of 20 years in prison, a $50,000 fine and 3 years supervised release.
The investigation was a cooperative effort between the Fort Peck Tribes Criminal Investigation Division and the Poplar Police Department.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on June 18, 2013, before U.S. Magistrate Judge Keith Stron, the following individual was arraigned:
DUANE ANTONIO MARTELL, a 23-year-old resident of Poplar, appeared on charges of (2) counts of assault with a dangerous weapon and (1) count of assault resulting in serious bodily injury within the exterior boundaries of the Fort Peck Indian Reservation. He is currently detained. If convicted of these charges, MARTELL faces possible penalties of 10 years in prison, a $250,000 fine, and 5 years supervised release on each count. Assistant U.S. Attorney Laura B. Weiss is the prosecutor for the United States. The investigation was a cooperative effort between the Federal Bureau of Investigation and the Poplar 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.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on June 18, 2013, before U.S. Magistrate Judge Keith Strong, the following individual was arraigned:
FAWN HAHN TADIOS, a 41-year-old resident of Box Elder, appeared on charges of Counts I & II: Theft from an Indian Tribal Organization Receiving Federal Grants, Count III: Theft from an Indian Tribal Organization, and Count IV: Theft from a Health Care Facility. TADIOS is currently released on special conditions. If convicted of these charges, TADIOS faces possible penalties of 10 years in prison, a $250,000 fine, and 3 years supervised release on Counts I, II, and IV. On Count III, TADIOS faces possible penalties of 5 years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Carl E. Rostad is the prosecutor for the United States. The investigation was a cooperative effort between the U.S. Department of Health and Human Services - Office of Inspector General and the Federal Bureau of Investigation.
The defendant pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
David Wayne Lawrence 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 June 17, 2013, before Chief U.S. District Judge Dana L. Christensen, DAVID WAYNE LAWRENCE, a 47-year-old resident of Great Falls, was sentenced to a term of:
Prison: 65 months, consecutive to another sentence
Special Assessment: $100
Supervised Release: 3 years
LAWRENCE was sentenced in connection with his guilty plea to to possession of methamphetamine with intent to distribute.
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:
LAWRENCE was involved with several other individuals in a conspiracy that involved the distribution of methamphetamine from Spokane, Washington to Great Falls. One of the individuals was based in Great Falls and periodically traveled with certain associates to Spokane, picked up methamphetamine, then took the drug back to Great Falls. He then distributed the drugs through a network of drug dealers in Great Falls.
LAWRENCE was one of the subordinate drug dealers. LAWRENCE lived at a residence in Great Falls with two other individuals and all three distributed methamphetamine from the residence.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that LAWRENCE will likely serve all of the time imposed by the court. In the federal system, LAWRENCE 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 Great Falls Police Department.
Aloysious Wells 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 June 17, 2013, before Chief U.S. District Judge Dana L. Christensen, ALOYSIOUS WELLS, a 25-year-old resident of Heart Butte and an enrolled member of the Blackfeet Tribe, was sentenced to a term of:
Prison: 20 months
Special Assessment: $100
Supervised Release: 10 years
WELLS was sentenced in connection with his guilty plea to abusive sexual contact.
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 2009, WELLS went to a house in Heart Butte, which is on the Blackfeet Indian Reservation. He entered the living room and the victim, who was under the age of 12 at the time, was laying on the sofa. He sat down beside her and began to sexually abused her.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that WELLS will likely serve all of the time imposed by the court. In the federal system, WELLS 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.
Abel “Alex” Alvarez 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 June 18, 2013, before Chief U.S. District Judge Dana L. Christensen, ABEL "ALEX" ALVAREZ, a 51-year-old resident of Box Elder, was sentenced to a term of:
Prison: 40 months
Special Assessment: $100
Supervised Release: 10 years
ALVAREZ was sentenced in connection with his guilty plea to aggravated sexual abuse.
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:
In late spring of 2011, ALVAREZ had unlawful sexual contact with a 9-year-old child. The incident happened on the Rocky Boy's Indian Reservation and the child is an enrolled tribal member.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that ALVAREZ will likely serve all of the time imposed by the court. In the federal system, ALVAREZ does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Federal Bureau of Investigation.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on June 13, 2013, before U.S. Magistrate Judge Keith Strong, the following individual was arraigned:
NELSON TRAVIS ALEXANDER, a 47-year-old resident of Box Elder, appeared on a charge of assault resulting in serious bodily injury. He is currently detained. If convicted of this charge, ALEXANDER faces possible penalties of 10 years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Danna R. Jackson is the prosecutor for the United States. The investigation was conducted by 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.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on June 13, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, the following individual was arraigned:
VANDA KAY BISHOP, a 31-year-old resident of Billings, appeared on a charge of theft of mail. She is currently released on special conditions. If convicted of this charge, BISHOP faces possible penalties of 20 years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Jessica T. Fehr is the prosecutor for the United States. The investigation was conducted by the U.S. Postal Inspection Service.
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.
Antonio Mathias Peterson 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 June 13, 2013, before Senior U.S. District Judge Charles C. Lovell, ANTONIO MATHIAS PETERSON, a 30-year-old resident of East Helena, was sentenced to a term of:
Prison: 15 months
Special Assessment: $100
Restitution: $63,410
Supervised Release: 3 years
PETERSON was sentenced in connection with his guilty plea to social security fraud.
In an Offer of Proof filed by Assistant U.S. Attorney Bryan R. Whittaker, the government stated it would have proved at trial the following:
Beginning on April 8, 2008, and continuing into December 2011, PETERSON ed and failed to disclose that he had been convicted of a felony offense and that his son was not in his care and custody.
On April 8, 2008, PETERSON applied for surviving spouse with child in care benefits. He also applied for auxiliary survivor benefits on behalf of his minor son, AP, and to be his representative payee. The claims were based on the death of his spouse Kelli Renee Peterson. PETERSON made false statements regarding his and AP's living arrangements.
On April 13, 2008, the SSA sent PETERSON a "Notice of Award" letter designating PETERSON as the representative payee for AP's benefits and awarding his parent in care benefits. Accompanying the letter were two SSA pamphlets entitled "What you need to know when you get retirement or survivors benefits" and "A Guide for Representative Payees." The letter and pamphlets clearly explained PETERSON's legal reporting responsibilities regarding events affecting eligibility to payments.
PETERSON began receiving auxiliary survivor benefits for AP and for himself as a surviving spouse with a child in care, paid retroactively from March 2008 through December 2011.
On September 25, 2009, October 28, 2009, and September 22, 2010, PETERSON completed and signed various Social Security forms stating that AP resided with him and he used all the SSA benefit money for AP. But AP actually resided with his grandparents during the specified periods.
Agents interviewed the grandmother who stated that she had custody of AP since March 2008. She paid AP's living and healthcare expenses. AP was enrolled in school with the grandparents as the primary points of contact. The grandparents never received any financial support from PETERSON for AP. The grandmother was unaware that PETERSON was receiving Social Security benefits on behalf of AP.
On March 12, 2009, the grandparents were appointed as legal guardians of AP by the First Judicial District Court, Lewis & Clark County.
In December 2010, PETERSON was arrested for felony DUI and was incarcerated from 12/22/10 to 6/20/2011. PETERSON did not report this event to the SSA.
Agents interviewed PETERSON at his residence and he acknowledged his Social Security benefits application and admitted that he understood his legal reporting requirements to the SSA for events affecting eligibility to benefits. These included the custody and living arrangements of AP and his prior incarceration. He admitted that he knew he was required to report these events because they might affect his eligibility for continued SSA payments. PETERSON also estimated that the grandparents had custody of AP at least 70% of the time and he would take AP sometimes on weekends.
In approximately August 2008, PETERSON purchased a house in East Helena, and used AP's benefits to pay the mortgage payments.
AP's change in living arrangements, change in address, and PETERSON's incarceration were events required to be reported to the SSA because these events would affect his eligibility for benefits. PETERSON's failure to report resulted in an overpayment of Social Security benefits to which PETERSON would not have otherwise been entitled.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that PETERSON will likely serve all of the time imposed by the court. In the federal system, PETERSON 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 Social Security Administration - Office of Inspector General.
Creston Kindness 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 June 12, 2013, before U.S. Magistrate Judge Keith Strong, CRESTON KINDNESS, a 30-year-old resident of Fort Hall, Idaho, and an enrolled member of a federally-recognized tribe, pled guilty to assault resulting in serious bodily injury. Sentencing has been set for September 25, 2013. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Danna R. Jackson, the government stated it would have proved at trial the following:
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.
KINDNESS faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was conducted by the Federal Bureau of Investigation.
Christopher Anthony Quinn 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 June 12, 2013, before Chief U.S. District Judge Dana L. Christensen, CHRISTOPHER ANTHONY QUINN, a 49-year-old resident of Troy, was sentenced to a term of:
Prison: 72 months
Special Assessment: $100
Forfeiture: laptops and thumb drives
Supervised Release: 15 years
QUINN was sentenced in connection with his guilty plea to distribution of child pornography.
In an Offer of Proof filed by Assistant U.S. Attorney Cyndee L. Peterson, the government stated it would have proved at trial the following:
In March 2012, the Missoula Police Department, a member of the Montana Internet Crimes Against Children Task Force, investigated QUINN for trading child pornography via the Internet.
During the investigation, the detective determined that on February 6, 2012, QUINN utilized his email address and laptop to e-mail an image to a yahoo e-mail account. The image depicts child pornography in that it depicts two minor girls engaged in sexually explicit conduct. The image displays the lascivious exhibition of one of the girls' pubic area or genitalia. That e-mail text was: "I have some different sets. Here are a few samples. Just let me know what you like."
A search warrant for QUINN's residence in Lincoln County was obtained and numerous items were seized.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that QUINN will likely serve all of the time imposed by the court. In the federal system, QUINN does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Missoula Police Department, the Missoula County Sheriff's Office, the Bozeman Police Department, the U.S. Department of Homeland Security - Homeland Security Investigations, 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."
Marlys Young Running Crane 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 June 10, 2013, before Chief U.S. District Judge Dana L. Christensen, MARLYS YOUNG RUNNING CRANE, a 59-year-old resident of Browning, appeared for sentencing. YOUNG RUNNING CRANE was sentenced to a term of:
Prison: 12 months
Special Assessment: $100
Supervised Release: 1 year
YOUNG RUNNING CRANE was sentenced in connection with her guilty plea to misprision of a felony.
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:
Beginning in November 2010, Louis Romero, Henry Lopez, and several other individuals facilitated the distribution of methamphetamine in Browning and Great Falls.
During this time, YOUNG RUNNING CRANE had full knowledge that several of the other individuals were all involved in illegal methamphetamine distribution. YOUNG RUNNING CRANE failed to notify any authorities of these illegal activities. In fact, when law enforcement questioned YOUNG RUNNING CRANE, she provided an untruthful statement that this drug activity was not occurring, which in effect, concealed the crime.
Romero and Lopez pled guilty to federal charges.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that YOUNG RUNNING CRANE will likely serve all of the time imposed by the court. In the federal system, YOUNG RUNNING CRANE 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 Violent Crimes Task Force.
Irving Spotted Eagle, Jr. Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in
Great Falls, on June 10, 2013, before U.S. Magistrate Judge Dana L. Christensen, IRVING SPOTTED EAGLE, JR., a 27-year-old resident of Billings and an enrolled member of the Blackfeet Tribe of Indians, pled guilty to assault resulting in serious bodily injury. Sentencing has been set for September 26, 2013. 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 November 12, 2011, SPOTTED EAGLE was so angry that S.T. would not return his amorous advances that he pinned her against a wall in his house and repeatedly punched her until his knuckles started to bleed. As she tried to flee the house, SPOTTED EAGLE grabbed S.T. by the hair and continued assaulting her. He did not stop until a neighbor began yelling at him to stop. S.T. was transported to the hospital, where she was treated for a concussion, nasal bone fracture, and blunt force trauma to her face.
The assault occurred within the exterior boundaries of the Blackfeet Indian Reservation.
SPOTTED EAGLE 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 Blackfeet Law Enforcement.
Informational: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on June 11, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, the following individuals were arraigned:
JOSHUA DAVID CARRENO, a 29-year-old resident of Shepherd, appeared on charges of possession with the intent to distribute prescription drugs and possession of stolen firearms. He is currently detained. If convicted of these charges, CARRENO faces possible penalties of 20 years in prison, a $1,000,000 fine, and 3 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 Bureau of Alcohol, Tobacco, Firearms and Explosives and the Drug Enforcement Administration.
ARIK ALAN MACBLANE, a 33-year-old resident of Glendive, appeared on a charge of conspiracy to possess with the intent to distribute methamphetamine. He is currently detained. If convicted of this charge, MACBLANE faces possible penalties of a mandatory minimum of 10 years in prison and could be sentenced to life, a $4,000,000 fine, and 5 years supervised release. Assistant U.S. Attorney Jessica T. Fehr is the prosecutor for the United States. The investigation was conducted by the Billings Big Sky Safe Streets Task Force.
ADAM RONALD TOTTEN, a 34-year-old resident of Billings, appeared on a charge of possession of stolen mail. He is currently detained. If convicted of this charge, TOTTEN faces possible penalties of 20 years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Jessica T. Fehr is the prosecutor for the United States. The investigation was conducted by the U.S. Postal Inspector Service.
The defendants pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Informational: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on June 11, 2013, before U.S. Magistrate Judge Keith Strong, the following individuals were arraigned:
JESS JAMES RUTHERFORD, JR., a resident of Browning, appeared on a charge of assault resulting in serious bodily injury. He is currently detained. If convicted of this charge, RUTHERFORD faces possible penalties of 10 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 a cooperative effort between the Bureau of Indian Affairs and the Federal Bureau of Investigation.
DUSTIN JAY AFTER BUFFALO, age 21, and MICHAEL THOMAS BAD OLD MAN, age 21, residents of Browning, appeared on a charge of burglary. They are currently detained. If convicted of these charges, they each face possible penalties of 10 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 a cooperative effort between the Bureau of Indian Affairs and the Blackfeet Law Enforcement Services.
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 ArraignmentsRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on June 11, 2013, before U.S. Magistrate Judge Jeremiah C. Lynch, the following individuals were arraigned:
IRENE PASTER, age 66, and YOLANDA PASTER, age 41, residents of Big Sky, appeared on charges of conspiracy to structure currency transactions with domestic financial institutions for the purpose of evading IRS currency transaction reports and currency structuring. They are currently released on special conditions. If convicted of these charges, they each face possible penalties of 5 years in prison, a $250,000 fine, and 3 years supervised release on each count. Assistant U.S. Attorney Chad C. Spraker is the prosecutor for the United States. The investigation was conducted by the Criminal Investigation Division of the Internal Revenue Service.
The defendants pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on June 6, 2013, before U.S. Magistrate Judge Keith Strong, the following individual was arraigned:
MICHAEL CONNELLY, SR., a 56-year-old resident of Browning, appeared on charges of sexual abuse, deprivation of rights under color of law, and making a false statement to a federal officer. He is currently released on special conditions. If convicted of these charges, CONNELLY faces possible penalties of life in prison for the sexual abuse count, 1 year in prison for the deprivation of rights under color of law count, and 8 years in prison for the false statement to a federal officer count. He also faces a $250,000 fine and lifetime supervision. Assistant U.S. Attorney Ryan G. Weldon is the prosecutor for the United States. The investigation was conducted by 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.
Franklin Troy Caplette 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 June 10, 2013, before Chief U.S. District Judge Dana L. Christensen, FRANKLIN TROY CAPLETTE, a 28-year-old resident of Havre, was sentenced to a term of:
Prison: 62 months
Special Assessment: $100
Supervised Release: 4 years
CAPLETTE was sentenced in connection with his guilty plea to possession with intent to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica A. Betley, the government stated it would have proved at trial the following:
CAPLETTE had been known throughout the Rocky Boy's and Havre communities to be a source of methamphetamine for the past several years. Law enforcement began their investigation into CAPLETTE in 2010.
Several witnesses would have testified that they purchased methamphetamine numerous times from CAPLETTE between 2010 and August 2012.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that CAPLETTE will likely serve all of the time imposed by the court. In the federal system, CAPLETTE 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 Havre Police Department.
Corwin Dallas Four Star 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 June 10, 2013, before U.S. Magistrate Judge Keith Strong, CORWIN DALLAS FOUR STAR, a 19-year-old resident of Wolf Point and an enrolled member of a federally-recognized tribe, pled guilty to sexual abuse. Sentencing has been set for September 26, 2013. 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:
In the early morning hours of March 4, 2012, FOUR STAR got on top of the victim as she was sleeping and choked her to the point that she lost consciousness. He then sexually abused her. When the victim regained consciousness, she started screaming and trying to push him off. FOUR STAR held her arms down and punched her in the face.
The offense occurred within the exterior boundaries of the Fort Peck Indian Reservation.
FOUR STAR faces possible penalties of life in prison, a $250,000 fine and lifetime supervision..
The investigation was a cooperative effort between the Federal Bureau of Investigation and the Fort Peck Tribes Criminal Investigation Division.
Billie Joe Bullshields 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 June 11, 2013, before Chief U.S. District Judge Dana L. Christensen, BILLIE JOE BULLSHIELDS, a 29-year-old resident of Browning, was sentenced to a term of:
Prison: 48 months
Special Assessment: $100
Supervised Release: 4 years
BULLSHIELDS was sentenced in connection with his guilty plea to distribution of methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica A. Betley, the government stated it would have proved at trial the following:
Beginning in November 2010, Louis Romero, Henry Lopez, and X.X., facilitated the distribution of methamphetamine to Browning, which is within the exterior boundaries of the Blackfeet Indian Reservation. Z.Z. and a confidential informant (CI) assisted Romero, Lopez, and X.X., by transporting the methamphetamine to Browning. The CI made his first trip to Browning in approximately January 2011, and continued to make trips to Browning for several months to sell methamphetamine.
Z.Z. and his mother normally picked the CI up at the train station. Z.Z.'s mother assisted the CI in setting up his narcotics shop in her house. On the CI's first trip to Browning, the CI, Z.Z., and Z.Z.'s mother sold approximately a half pound of methamphetamine from Z.Z.'s mother's house. On another trip, a quarter pound of methamphetamine was sold.
Due to the success of selling methamphetamine in Browning, Z.Z. and the CI were also recruited to sell methamphetamine to numerous people in Great Falls. The CI rewarded Z.Z.'s mother's help in selling methamphetamine by buying her a new Ford Explorer, as well as providing her with groceries and living expenses. During this time, BULLSHIELDS also became involved in purchasing methamphetamine from the CI. BULLSHIELDS resold the methamphetamine she purchased from the CI for profit.
The CI met Deanna Wells during the CI's third trip to Browning. Wells accompanied the CI to Great Falls to sell more methamphetamine. They received a large amount of cash during this trip. The CI and Wells regularly deposited cash received from drug deals for cashier's checks, and mailed the checks back to Romero, Lopez, and X.X.
During April 2011, the CI, Z.Z., BULLSHIELDS, and Wells purchased and distributed approximately one pound of methamphetamine throughout Browning and Great Falls. At one point, the CI and Wells drove to Great Falls and rented a motel room where they sold methamphetamine. Shortly thereafter, at the beginning of May, the CI possessed almost two pounds of methamphetamine which the CI began to sell out of Z.Z.'s mother's house. Z.Z. purchased some of this methamphetamine. Z.Z. and BULLSHIELDS regularly purchased the methamphetamine in larger quantities to break down into smaller quantities to re-sell around town. The CI, Wells, BULLSHIELDS, and Z.Z. finished business in Browning and headed to Great Falls with the remaining methamphetamine. BULLSHIELDS took a backpack of methamphetamine into a motel, while the CI and Z.Z. remained outside.
Z.Z. and the CI were ultimately arrested in the parking lot of the motel. Police stopped and found Z.Z. attempting to hide methamphetamine under a nearby car. Police then seized over 50 grams of pure (actual) methamphetamine. After Z.Z. and the CI were arrested, Wells and BULLSHIELDS returned to the hotel room where they retrieved the additional hidden methamphetamine.
From November 2010 until May 2011, BULLSHIELDS distributed 50 or more grams of a substance containing a detectable amount of methamphetamine.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that BULLSHIELDS will likely serve all of the time imposed by the court. In the federal system, BULLSHIELDS 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 Regional Violent Crimes Task Force.
Sonny Lionel Crazymule Found Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that on June 5, 2013, in Billings, after a federal district court trial before U.S. District Judge Sam E. Haddon, SONNY LIONEL CRAZYMULE, a 34-year-old resident of Lame Deer, was found guilty of aiding and abetting assault resulting in serious bodily injury. Sentencing is set for September 13, 2013. He is currently detained.
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.
Assistant U.S. Attorney Lori Harper Suek prosecuted the case for the United States.
CRAZYMULE 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 Bureau of Indian Affairs.
Steven Patrick Garcia, Jr. Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on June 6, 2013, before U.S. District Judge Sam E. Haddon, STEVEN PATRICK GARCIA, JR., a 36-year-old resident of San Jose, California, appeared for sentencing. GARCIA was sentenced to a term of:
Prison: 24 months
Special Assessment: $200
Restitution: to be determined
Supervised Release: 3 years
GARCIA was sentenced in connection with his guilty plea to trafficking in eagle/hawk feathers.
In an Offer of Proof filed by Georgiann G. Cerese, Senior Trial Attorney for the United States Department of Justice, Environmental Crimes Section, and Assistant U.S. Attorney Mark S. Smith, the government stated it would have proved at trial the following:
GARCIA maintained an account with MySpace beginning in early 2006. In November and December 2008, GARCIA communicated with an individual in California via MySpace, and later sold the individual hawk feathers for $200 and a golden eagle feather for $25. Within a November 30, 2008 MySpace message, GARCIA provided a P.O. Box in Lame Deer as the location to send payment for these feathers.
Western Union records show a $225 payment from the California purchaser to GARCIA on December 1, 2008. GARCIA provided the tracking number for the package of feathers in a MySpace message on December 2, 2008. The California purchaser was interviewed by a U.S. Fish & Wildlife Service Special Agent, and voluntarily abandoned the hawk feathers sold by GARCIA. The hawk feathers were forensically identified as twelve tail feathers of either ferruginous hawk or red-tailed hawk.
In January 2009, an undercover Fish & Wildlife Service Special Agent ("SA") sent GARCIA a MySpace friend request. GARCIA responded, ". . . When you add me, check out what I have in stock now. . ." The SA observed approximately seventy photographs of migratory birds on GARCIA's MySpace. Most of the feathers were un-worked tail feathers and included feathers of bald eagles, golden eagles, ferruginous hawks, rough-legged hawks and northern flickers.
On January 27, 2009, the SA inquired with GARCIA about a rough-legged hawk tail and a bald eagle tail on GARCIA's MySpace page. GARCIA replied that the "bald is gone" and gave a price of $100 for the rough-legged hawk.
On January 28, 2009, the SA asked if GARCIA had any other bald eagle tails available and asked about prices for hawks. GARCIA provided prices for ferruginous and rough-legged hawk tails, and said that "BE tails or wings are on there [sic] way." The SA wrote that he wanted to purchase "ferruginous tail number 2 for 150" and "winterhawk tail number 8 for 100." Rough-legged hawks are commonly called winterhawks. GARCIA agreed to sell the two hawk tails for $250 and suggested that they "wait till I get a baldie in before I take any funds . . . I have one now just haven't cleaned it up yet . . . SO I'll let you know by this weekend so I can clean it and see if it's worthy of selling . . ." GARCIA wrote "My assasins [sic] thank you. They are using the money to pay for graduation stuff and what not . . ." The SA mailed a money order to GARCIA in Lame Deer on January 30, 2009. On February 7, 2009, the SA received twelve ferruginous hawk and twelve rough-legged hawk tail feathers.
On February 18, 2009, GARCIA made the following offers to sell to the SA: "the first set of golden wings is 400," "the all white tail 350," "the bald set of wings is 300. . ." GARCIA also stated ". . . [t]he winter season is over so the birds will not be coming in to [sic] regularly . . . everyone is holding on to the secret stash box to charge high prices this pow wow season . . ." The SA replied that he would take the "first set of golden wings" for $400. On February 18, 2009, GARCIA stated that he "just made a call to my assasins [sic] from up north and they are going to see what they can find for me . . ." GARCIA provided his P.O. Box number in Lame Deer, and the SA mailed a money order to GARCIA on February 19, 2009.
On February 28, 2009, the SA received golden eagle wing feathers (one set of two wings) which he had purchased from GARCIA for $400. The feathers were later forensically identified as wing feathers of a subadult golden eagle.
GARCIA was interviewed by U.S. Fish & Wildlife Service agents on March 11, 2009. During the interview, GARCIA acknowledged he could not legally possess feathers because he was not an enrolled member of a federally recognized tribe. GARCIA had known for fifteen years that it was illegal to sell, kill and buy eagles and other birds. GARCIA had known for the past five years that it was illegal to trade eagles and other birds.
The protection of Montana's wildlife, including migratory birds, is a priority of the U.S. Attorney's Office for the District of Montana. Today's prosecution and sentence demonstrate that individuals that attempt to profit from the unlawful taking of golden eagles, bald eagles, hawks, and all other migratory birds will be investigated, prosecuted, and punished accordingly." U.S. Attorney for the District of Montana, Michael W. Cotter.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that GARCIA will likely serve all of the time imposed by the court. In the federal system, GARCIA 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 U.S. Fish and Wildlife Service.
Sherron Grace American Horse 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 June 5, 2013, before U.S. District Judge Sam E. Haddon, SHERRON GRACE AMERICAN HORSE, a 38-year-old resident of Ashland and an enrolled member of the Northern Cheyenne Tribe, was sentenced to a term of:
Prison: 46 months
Special Assessment: $200
Supervised Release: 3 years
AMERICAN HORSE was sentenced in connection with his guilty plea to involuntary manslaughter and assault resulting in serious bodily injury.
In an Offer of Proof filed by Assistant U.S. Attorney Lori Harper Suek, the government stated it would have proved at trial the following:
On June 22, 2012, law enforcement responded to a car crash on the Northern Cheyenne Indian Reservation at approximately 1:00 p.m. The officers found one deceased passenger lying outside of the car. Several other passengers were also at the scene and suffered minor to severe injuries. All at the scene identified AMERICAN HORSE as the driver.
While taking photographs at the scene, the officers saw footprints leading away from the crash site and followed them. They found AMERICAN HORSE lying near the road. She appeared to be sleeping. The officers woke her up to determine if she needed medical attention. As she sat up, an unopened can of malt liquor was under her body. Her speech was slurred.
AMERICAN HORSE was taken by ambulance to the Lame Deer Clinic and later treated at the Billings Clinic. A blood alcohol sample was taken some hours after the crash and registered a .169.
AMERICAN HORSE was interviewed several days later. She admitted that she had been drinking and driving at the time of the crash. Through her admissions, the statements of the surviving passengers, and the investigation at the scene, law enforcement learned that AMERICAN HORSE was very drunk, lost control of the car, and rolled the car at least four times. She caused the death of one passenger and another passenger suffered a spinal injury that has resulted in partial paralysis.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that AMERICAN HORSE will likely serve all of the time imposed by the court. In the federal system, AMERICAN HORSE does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Bureau of Indian Affairs and the Federal Bureau of Investigation.
Erin Ruth Smith 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 June 5, 2013, before U.S. District Judge Sam E. Haddon, ERIN RUTH SMITH, a 21-year-old resident of Wyola and an enrolled member of the Crow Tribe of Indians, was sentenced to a term of:
Prison: 46 months
Special Assessment: $300
Restitution: to be determined
Supervised Release: 3 years
SMITH was sentenced in connection with her guilty plea to assault resulting in serious bodily injury.
In an Offer of Proof filed by Assistant U.S. Attorney Marcia K. Hurd, the government stated it would have proved at trial the following:
On August 31, 2012, at approximately 8:30 a.m., SMITH was driving (alone) on the Crow Indian Reservation and then went onto Interstate 90. However SMITH was going the wrong way (eastward in the west-bound lanes). SMITH crashed head-on into a vehicle driven by F.H.M. F.H.M. had moved to the passing lane because he was trying to pass a Suburban. F.H.M.'s wife, L.M., along with two other passengers, B.B.C. and L.C., were critically injured in the crash. F.H.M. was not seriously injured and was released from the hospital later that day. Both L.M. and B.B.C. underwent emergency surgeries on the day of the crash. L.C. underwent surgery on September 4, 2012. Additional surgeries were also done. Doctors for L.M., L.C., and B.B.C signed forms indicating that their injuries met the definition of serious bodily injury. Since the crash, L.M., B.B.C., and L.C. have spent multiple days in the hospital and have had numerous surgeries.
SMITH, at the scene of the crash, admitted to drinking alcohol before the crash. She was interviewed while in the hospital recovering from injuries about the crash and the events leading up to the crash. She indicated that she was not sure how she was driving her friend's car the wrong direction on Interstate 90. SMITH, however, was certain that she had not stolen the car. SMITH recalled drinking whiskey and beer and partying with a friend before the crash. At the end of the interview with the agents, SMITH stated, "I am sorry, guys - I am sorry, never again, no more drinking and driving."
SMITH's blood was drawn shortly after the crash, and was sent to the FBI lab for analysis. The results were that SMITH's BAC was 0.235 gm/ml.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that SMITH will likely serve all of the time imposed by the court. In the federal system, SMITH 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.
David Elmer Muskrat 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 June 6, 2013, before U.S. Magistrate Judge Keith Strong, DAVID ELMER MUSKRAT, a 35-year-old resident of Poplar and an enrolled member of a federally-recognized tribe, pled guilty to second degree murder. Sentencing has been set for September 26, 2013. 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 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, Fort Peck Criminal Investigators, 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.
MUSKRAT faces possible penalties of life in prison and a $250,000 fine.
The investigation was a cooperative effort between the Federal Bureau of Investigation, Fort Peck Criminal Investigators, Fort Peck Department of Law and Justice, the Poplar Police Department, and the Roosevelt County Sheriff's Office.
William Szudera 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 June 3, 2013, before Chief U.S. District Judge Dana L. Christensen, WILLIAM SZUDERA, a 76-year-old resident of Havre, pled guilty to mail fraud. Sentencing has been set for September 26, 2013. He is currently released on special conditions.
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.
SZUDERA faces possible penalties of 20 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was a cooperative effort between the U.S. Department of Energy - Office of Inspector General and the U.S. Department of Labor - Office of Inspector General.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on May 31, 2013, before U.S. Magistrate Judge Jeremiah C. Lynch, the following individual was arraigned:
MACKENZIE RICHARD KEENE JOINER, a 29-year-old resident of Missoula, appeared on a charge of conspiracy to distribute cocaine and heroin. He is currently detained. If convicted of this charge, JOINER faces possible penalties of a mandatory minimum of 5 years and could be sentenced to 40 years, a $5,000,000 fine, and 4 years supervised release. Assistant U.S. Attorney Tara J. Elliott 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.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on June 3, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, the following individual was arraigned:
WENDELL LESTER WOLF BLACK, SR., a 46-year-old resident of Crow Agency, appeared on charges of assault with a dangerous weapon and assault resulting in serious bodily injury. He is currently detained. If convicted of these charges, WOLF BLACK faces possible penalties of 10 years in prison, a $250,000 fine, and 3 years supervised release on each charge. Assistant U.S. Attorney Lori Harper Suek is the prosecutor for the United States. The investigation was conducted by Bureau of Indian Affairs.
The defendant pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on May 29, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, the following individual was arraigned:
KRYSTEL A. BUCKLAND, a 31-year-old resident of Billings, appeared on a charge of acquiring a controlled substance by fraud. She is currently released on special conditions. If convicted of this charge, BUCKLAND faces possible penalties of 4 years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Brendan P. McCarthy is the prosecutor for the United States. The investigation was conducted by the Drug Enforcement Administration.
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.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on May 29, 2013, before U.S. Magistrate Judge Jeremiah C. Lynch, the following individual was arraigned:
AUSTIN LEO HAGMAN, a 23-year-old resident of Missoula, appeared on a charge of conspiracy to distribute cocaine. He is currently released on special conditions. If convicted of this charge, HAGMAN faces possible penalties of a mandatory minimum of 5 years and could be sentenced to 40 years, a $5,000,000 fine, and 4 years supervised release. Assistant U.S. Attorney Tara J. Elliott is the prosecutor for the United States. The investigation was conducted by 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.
Athaliah Venus Allison 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 May 30, 2013, before U.S. Magistrate Judge Jeremiah C. Lynch, ATHALIAH VENUS ALLISON, a 36-year-old resident of Belgrade, pled guilty to (2) counts of wire fraud and (1) count of aggravated identity theft. Sentencing has been set for September 13, 2013. She 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:
ALLISON was the bookkeeper for Big Sky Asphalt in Bozeman from the summer of 2008 through the summer of 2012. Her work was predominantly seasonal and there were periods of time when she was employed essentially 40 hours per week and other periods where she was employed fewer than 40 hours per week, if at all.
In approximately July 2008, ALLISON began embezzling from the company by writing and signing unauthorized company checks to herself and to other entities and making unauthorized credit card purchases using the US Bank company credit card. The loss to Big Sky Asphalt is approximately $318,166.04 ($68,503.81 in check fraud and $249,662.23 in credit card fraud).
The owners of Big Sky Asphalt found out about the embezzlement when ALLISON confessed around Labor Day 2012 that she had used the company credit card to pay for her husband's substance abuse treatment in Billings. ALLISON was very upset and agreed to pay back the $6,700 charge. Later that same week, ALLISON called the wife of one of the owners of Big Sky Asphalt and told her that the credit card was due and the balance was $3,426. The owner's wife called US Bank directly to pay over the phone and was informed that the balance was $10,777, so she went to ALLISON's house to get the statement and noticed that it said $3,426. Based on the discrepancy, the owner's wife ordered transaction histories for the US Bank account dating back to December 2008.
The owner's wife audited the credit card statements and discovered $249,662.23 in unauthorized purchases, including $39,544.11 to Blanchford Landscaping. Additional investigation revealed that ALLISON approached the owner of Blanchford Landscaping, for whom she also worked as bookkeeper, in approximately July 2011 and offered to pay the company's bills with a low-interest, high-limit credit account, which turned out to be Big Sky Asphalt's US Bank credit card.
ALLISON also wrote checks to herself on Big Sky Asphalt's bank account totaling $193,303.81. Even a generous estimate of her actual wages reveals an overpayment of $68,503.81, yielding an approximate total loss amount of $318,166.04 for both the credit card and check fraud. The checks that ALLISON wrote to herself were often for "reimbursable expenses." The checks also required the signatures of both of the owners of Big Sky Asphalt (J.S. and D.S.), which ALLISON forged. The forgery on October 22, 2008, in connection with ALLISON's negotiation of check number 27462, forms the basis of the identity theft charge in Count III of the Information.
ALLISON changed the address for the US Bank statements without permission, rerouting them to her personal residence. She also had the various accounts combined into one monthly summary. Once she controlled the statements she altered them by digitally removing the unauthorized charges and adding those amounts onto authorized expenditures for purchases made by Big Sky Asphalt's owners. She then removed her personal address from the bill, replaced it with the company address, and made the statements available to the owners for their review.
ALLISON used Big Sky Asphalt's credit card to pay Blanchford Landscaping's bills and then reimbursed herself from Blanchford's checking account. It appears that she charged $39,544.11 in Blanchford bills to the Big Sky Asphalt card.
ALLISON also opened a Staples Citibank account in 2008 in Big Sky Asphalt's name and charged $1,311.90 in expenses to places such as Macy's, Nordstrom, Aeropostale, American Eagle, Babies 'R Us, and Kohl's.
From May 2009 through April 2012, during the same time period that she was embezzling from Big Sky Asphalt, ALLISON was also receiving unemployment benefits from the State of Montana. In June 2009, ALLISON reported to the State that she worked four hours and made $66. That same month, Big Sky Asphalt paid ALLISON $1,072 in wages for 80 hours of work. In August 2009, she reported 12 hours and $180 to the State, but made $2,278 working 181 hours (including overtime) for Big Sky Asphalt.
ALLISON faces possible penalties of 20 years in prison, a $250,000 fine and 3 years supervised release for each count of wire fraud and 3 years in prison, a $250,000 fine and 3 years supervised release for aggravated identity theft.
The investigation was a cooperative effort between the Federal Bureau of Investigation and the Bozeman Police Department.
Kyle Lee Fulmer Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on May 28, 2013, before U.S. District Judge Sam E. Haddon, KYLE LEE FULMER, a 29-year-old resident of Colstrip, pled guilty to involuntary manslaughter. Sentencing has been set for September 11, 2013. He is currently released on special conditions.
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.
FULMER faces possible penalties of 8 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was conducted by the Bureau of Indian Affairs.
Kinsey N. Miner 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 May 29, 2013, before Senior U.S. District Judge Jack D. Shanstrom, KINSEY N. MINER, a resident of Billings, was sentenced to a term of:
Prison: 37 months, consecutive to another sentence
Special Assessment: $100
Supervised Release: 5 years
MINER was sentenced in connection with her guilty plea to conspiracy to possess with the intent to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica T. Fehr, the government stated it would have proved at trial the following:
Beginning in February 2012, and continuing until August 2012, MINER distributed methamphetamine she obtained from her source of supply to her customers in the Billings area. MINER also transported quantities of methamphetamine for the sources of supply for a larger organization. MINER regularly communicated with her source of supply, other distributors and customers via cellular telephone and text message.
During the course of her involvement in the larger conspiracy, from February 2012 to August 2012, MINER personally possessed with the intent to distribute and distributed over 50 grams of methamphetamine in the Billings area.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that MINER will likely serve all of the time imposed by the court. In the federal system, MINER does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
Kinsey N. Miner Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on March 29, 2013, before Senior U.S. District Judge Jack D. Shanstrom, KINSEY N. MINER, a resident of Billings, appeared for sentencing. MINER was sentenced to a term of:
Prison: 18 months, consecutive to another sentence
Special Assessment: $200
Supervised Release: 3 years
MINER was sentenced in connection with her guilty plea to possession of a stolen firearm and transferring a firearm to felon.
In an Offer of Proof filed by Special Assistant U.S. Attorney Ed Zink, the government stated it would have proved at trial the following:
During the evening hours of January 14, 2012, a Yellowstone County Sheriff's deputy was dispatched to a residence to investigate a report that a man, identified here as Z.Z., was drinking alcohol, in violation of the terms of his felony probation. The deputy arrived at the residence and went inside to speak with Z.Z. Shortly after he made contact with Z.Z., Z.Z. pulled a firearm and began firing at the deputy at a distance of only a few feet. The deputy returned fire, striking Z.Z. multiple times. Z.Z. was transported to St. Vincent's Hospital in Billings where he died from his injuries.
Following the shooting, detectives transported all the witnesses to a separate residence to conduct interviews. When interviewed, MINER gave a detailed statement of the events leading up to the shooting at her home. MINER stated that she had provided Z.Z. with the firearm he used in the shooting. MINER said that in July or August of 2011, she stole the firearm from her grandmother's boyfriend. While visiting her grandmother in Clark, Wyoming, MINER learned that her grandmother's boyfriend had a large collection of firearms. Knowing that Z.Z. wanted a firearm, MINER called Z.Z. and asked him what kind of gun he wanted. Z.Z. had MINER describe the available firearms to him and he selected the Glock handgun. MINER took the firearm and provided it to Z.Z. at a later date.
MINER knew Z.Z. was a convicted felon, on probation, at the time she stole the gun and later when she provided it to Z.Z.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that MINER will likely serve all of the time imposed by the court. In the federal system, MINER 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 Yellowstone County Sheriff's Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Justin Hanley Bright Wings 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 May 29, 2013, before U.S. District Judge Richard F. Cebull, JUSTIN HANLEY BRIGHT WINGS, a 27-year-old resident of Lodge Grass and an enrolled member of the Crow Tribe of Indians, was sentenced to a term of:
Prison: 41 months
Special Assessment: $100
Supervised Release: 3 years
BRIGHT WINGS was sentenced in connection with his guilty plea to assault resulting in serious bodily injury.
In an Offer of Proof filed by Assistant U.S. Attorney Lori Harper Suek, the government stated it would have proved at trial the following:
On June 9, 2012, at approximately noon, BRIGHT WINGS was driving a vehicle with five passengers, one of whom was his 11-month-old son. BRIGHT WINGS was drunk while driving and lost control of the vehicle on a highway. The crime occurred within the exterior boundaries of the Crow Indian Reservation.
The vehicle rolled several times and ended up in an irrigation ditch. BRIGHT WINGS's 11-month-old son suffered an epidural hematoma in his head (blood leaking into a layer of the tissue covering the brain) as a result of the wreck. The child was taken to St. Vincent's Hospital in Billings where he was treated.
BRIGHT WINGS's blood was drawn shortly after the crash and analyzed. The lab report indicated that his BAC approximately 1 hour after the crash was 0.318. Using back-extrapolation calculations to estimate the BAC at the time of the crash, the FBI lab report estimated that BRIGHT WINGS's BAC at the time of the crash would have been approximately 0.34 (with a possible range of 0.33 to 0.35).
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that BRIGHT WINGS will likely serve all of the time imposed by the court. In the federal system, BRIGHT WINGS does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by a cooperative effort between the Federal Bureau of Investigation and the Bureau of Indian Affairs.
Gerald Adelore Paquin 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 May 29, 2013, before U.S. District Judge Sam E. Haddon, GERALD ADELORE PAQUIN, a 55-year-old resident of Billings, was sentenced to a term of:
Prison: 12 months
Special Assessment: $100
Restitution: $141,231.15
Supervised Release: 3 years
PAQUIN was sentenced in connection with his guilty plea to tax fraud and making false statements.
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:
PAQUIN was a feed salesman operating in the Billings area. From 2005 to 2007, PAQUIN was employed as a salesman for Cenex Harvest States (CHS). As a salesman for CHS, PAQUIN sold feed and supplements to local ranchers and distributors. Farmers Union Association of Hardin (FUA) had an agreement with CHS where in PAQUIN was "leased" to FUA by CHS as a salesman for one day a week. During the one day a week PAQUIN would sell product to local ranchers on behalf of FUA. In exchange for PAQUIN's time, FUA paid a fee directly to CHS.
One of the products PAQUIN sold for CHS was wheat midds, a base component of feed to which supplements are added. Eventually, CHS stopped selling wheat midds because of the volatility of the market. PAQUIN found another midd supplier, Laughlin Cartrell (LC). PAQUIN began selling the wheat midds he obtained from LC to FUA customers during his one day a week of sales. The change in the supplier of the wheat midds gave PAQUIN the opportunity he needed to essentially begin to operate a personal business selling wheat midds to FUA customers, using FUA's credit to obtain the wheat midds, keeping the money he made from the sales and not paying down FUA's credit line which he used to buy the wheat midds from LC.
During sales calls PAQUIN would sell the LC wheat midds to his customers and instruct the customers to pay him directly rather than make their payments to FUA. PAQUIN's sales of wheat midds to customers were recorded on the FUA books which were maintained by a manager of FUA. Following each sale the manager would credit a receivable account in PAQUIN's name instead of the account of the rancher actually making the purchase. PAQUIN usually did not use the customer's funds, which were paid to him, to pay the liability he incurred on behalf of FUA from LC. Many of the checks from customers were deposited into PAQUIN's personal bank account. PAQUIN continued to let his FUA balance increase until the outstanding balance was so high the Board of Directors of FUA began to ask questions. The Board of Director's questions led to a meeting with PAQUIN. During the meeting PAQUIN is reported as saying, "I could pay you back, go to jail, or kill myself." When questions began to arise about PAQUIN's dealings he paid back some of the stolen money to FUA.
PAQUIN did not report any of the income earned through his sales scheme on his taxes for 2005, 2006, and 2007. PAQUIN's tax returns for 2005, 2006, and 2007 were prepared by an accountant. The accountant confirmed that he relied upon the income information supplied by PAQUIN when completing his tax returns. In 2005 and 2006 PAQUIN claimed he had no other sources of income. In 2007, PAQUIN only claimed the amount noted paid by LC, not the ill gotten funds.
PAQUIN owes the Internal Revenue Service $66,304.00 in restitution plus accrued interest and penalties.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that PAQUIN will likely serve all of the time imposed by the court. In the federal system, PAQUIN 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.
Corina Moldrem 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 May 29, 2013, before U.S. District Judge Sam E. Haddon, CORINA MOLDREM, a 26-year-old resident of Billings, was sentenced to a term of:
Prison: 92 months
Special Assessment: $100
Supervised Release: 5 years
MOLDREM was sentenced in connection with her guilty plea to conspiracy to possess 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:
Beginning in late 2009, a drug distribution group out of Las Vegas, Nevada, were distributing methamphetamine in Billings and the surrounding area. The F.B.I. Big Sky Safe Streets Task Force (BSSSTF) began an investigation and arranged for the purchase of methamphetamine from Jose Aguilar, Jr. and Anjel Aguilar. The BSSSTF learned that the Aguilar brothers were utilizing a distribution network in Billings to distribute Flores' methamphetamine. Two of the distributors for the group were Jeri Milheim and Corina MOLDREM.
The investigation by law enforcement uncovered that MOLDREM, along with others, not only distributed methamphetamine for the organization, but participated in the transportation, unpacking and repackaging of half pound to pound quantities of methamphetamine.
As part of the investigation, a probation search was conducted at MOLDREM's residence on July 16, 2010. The search uncovered 56.0 grams of meth, along with meth pipes, a drug scale, and a loaded .45 caliber handgun.
MOLDREM was interviewed and admitted to distributing methamphetamine personally as well as to assisting others in the transportation, unpacking and repackaging of methamphetamine for distribution in the Billings area.
MOLDREM admitted that she participated in a conspiracy that possessed and distributed over 500 grams of methamphetamine from the Summer of 2009, and continuing thereafter until in or about the late Summer of 2010.
Jose Aguilar, Anjel Aguilar, and Milheim 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 MOLDREM will likely serve all of the time imposed by the court. In the federal system, MOLDREM 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.
Joyce Tatsey Spoonhunter Found Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that on May 22, 2013, in Great Falls, after a federal district court trial before Chief U.S. District Judge Dana L. Christensen, JOYCE TATSEY SPOONHUNTER, a 56-year-old resident of Browning, was found guilty of three counts of wire fraud. Sentencing is set for August 28, 2013. She is currently released on special conditions.
At trial, the following evidence and testimony was presented to the jury.
The North American Indian Days is a time for celebration on the Blackfeet Indian Reservation. Friends gather, eat, enjoy the warm summer days, and vendors attend to display their skills and products in order to generate income off the attendees. A tremendous amount of money is generated during the celebration.
SPOONHUNTER used her position in the Blackfeet Tribe to steal money from individuals who tried to reserve spots for vendor sites at the North American Indian Days. When the vendors arrived, their spots had not been reserved, and their payments to SPOONHUNTER had not been turned over to the Tribe. As a result, vendors were required to double-pay or move their reserved spots to an undesirable location at the North American Indian Days. Payments made to individuals other than SPOONHUNTER had no problem.
The amount SPOONHUNTER is accountable for was approximately $8,000.
Assistant U.S. Attorney Ryan G. Weldon prosecuted the case for the United States.
SPOONHUNTER faces, for each count, possible penalties of 20 years in prison, a $250,000 fine, and 3 years supervised release.
The investigation was conducted by the Federal Bureau of Investigation and the Blackfeet Internal Affairs.
Waylon Ronald Burns 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 May 23, 2013, before U.S. District Judge Donald W. Molloy, WAYLON RONALD BURNS, a 35-year-old resident of Lame Deer and an enrolled member of the Northern Cheyenne Tribe, was sentenced to a term of:
Prison: 188 months
Special Assessment: $100
Supervised Release: 20 years
BURNS was sentenced in connection with his guilty plea to attempted aggravated sexual abuse.
In an Offer of Proof filed by Assistant U.S. Attorney Lori Harper Suek, the government stated it would have proved at trial the following:
On August 4, 2012, the victim and some friends were drinking and driving around Lame Deer. At some point, BURNS joined them. BURNS started acting weird and aggressive and everyone but the victim got out of the car. The victim and BURNS eventually drove to the rodeo grounds. BURNS physically assaulted the victim and then raped her.
When interviewed, BURNS admitted that he had sex with the victim, but claimed it was consensual.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that BURNS will likely serve all of the time imposed by the court. In the federal system, BURNS 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.
Wamblee Tonka Rowland 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 May 23, 2013, before U.S. District Judge Donald W. Molloy, WAMBLEE TONKA ROWLAND, a 34-year-old resident of Lame Deer and an enrolled member of the Northern Cheyenne Tribe, was sentenced to a term of:
Prison: 24 months
Special Assessment: $100
Supervised Release: 3 years
ROWLAND was sentenced in connection with his guilty plea to assault with a dangerous weapon.
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 July 16, 2012, the victim was at her home in Lame Deer, which is within the boundaries of the Northern Cheyenne Indian Reservation. ROWLAND and the victim got into a verbal argument that escalated to the point where ROWLAND threw rocks at her. ROWLAND threatened to kill the victim and told her that he was going to get his gun. ROWLAND then walked to his house, in the same neighborhood, and retrieved a shot gun. He loaded the gun with shells, walked toward the victim, and confronted her with the gun. He cocked the gun and pointed it at her. The victim retreated into her residence but, once inside, remembered that her children were outside and went back out to retrieve her kids. The victim was afraid that ROWLAND would shoot her in front of her kids.
ROWLAND's common law wife was outside of ROWLAND's house and witnessed the altercation with the victim. She tried to calm ROWLAND down, but ROWLAND's response was to point the gun at her. When interviewed, though, ROWLAND's common-law wife said that she was not afraid because the gun was not operational and she believed that she could calm ROWLAND down.
The police were called by neighbors who also witnessed the altercation. ROWLAND retreated into his house, hid the shotgun, and then hid under a table. He was arrested while trying to hide. He had shells in his pocket. The shot gun was seized.
Law enforcement test fired the shotgun and confirmed that it is operational.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that ROWLAND will likely serve all of the time imposed by the court. In the federal system, ROWLAND 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.
Michael Andrew Kannegiesser 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 May 23, 2013, before U.S. District Judge Donald W. Molloy, MICHAEL ANDREW KANNEGIESSER, a 22-year-old resident of Billings, appeared for sentencing. KANNEGIESSER was sentenced to a term of:
Prison: 15 months
Special Assessment: $100
Community Service: 150 hours
Supervised Release: 3 years
KANNEGIESSER was sentenced in connection with his guilty plea to possession of a stolen firearm.
In an Offer of Proof filed by Assistant U.S. Attorney Marcia K. Hurd, the government stated it would have proved at trial the following:
On July 8, 2012, KANNEGIESSER was stopped for speeding by law enforcement in Red Lodge. The deputy conducting the stop could smell the odor of an alcoholic beverage and marijuana coming from inside KANNEGIESSER's vehicle, and found an open can of beer in the cup-holder. KANNEGIESSER had a suspended driver's license and his passenger had two warrants. Both were taken into custody. Marijuana and other items of drug paraphernalia were located in the vehicle. While in the vehicle, KANNEGIESSER told the officer that he had a gun right next to him, and the officer found a Springfield, model XDM, 9 mm, semi-automatic pistol right next to where KANNEGIESSER had been sitting, covered by a sleeping bag. KANNEGIESSER gave several conflicting stories about whether the gun was his and then where he had obtained the gun. He also reported that he had a Ruger 10-22 and a Marlin .22 at home. When the deputy checked the gun's serial number, he found that it had been stolen from a person in Billings in May, along with a Ruger 10-22 and a Marlin .22. Both KANNEGIESSER and his passenger were taken into custody; Kannegieser reported that he was on probation and could not be in possession of a firearm.
An ATF Task Force Officer contacted KANNEGIESSER several days later and received additional conflicting stories about his acquisition of the gun, and where the others he had reported he owned were. The officer was unable to retrieve the other stolen guns.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that KANNEGIESSER will likely serve all of the time imposed by the court. In the federal system, KANNEGIESSER does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Red Lodge Police Department.
Frank Xavier Manyen and Julie Ann Rozell 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 May 22, 2013, before U.S. District Judge Donald W. Molloy, FRANK XAVIER MANYEN, a 32-year-old resident of Laurel, and JULIE ANN ROZELL, a 38-year-old resident of Billings, appeared for sentencing.
MANYEN was sentenced to a term of:
Prison: 60 months
Special Assessment: $100
Community Service: 400 hours
Supervised Release: 4 years
ROZELL was sentenced to a term of:
Prison: 57 months
Special Assessment: $100
Community Service: 400 hours
Supervised Release: 5 years
They were sentenced in connection with their guilty pleas to conspiracy to possess with intent to distribute and distribution of 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., D.M. and A.H. began supplying the larger methamphetamine organization in late 2010 with methamphetamine after the prior source of supply had a run in with law enforcement. C.M., D.M. and A.H., had several distributors that sold the methamphetamine for the organization. One of the distributors was ROZELL. ROZELL admitted to distributing approximately four pounds of methamphetamine for the organization. One of her distributors was MANYEN.
During the investigation law enforcement learned that MANYEN was a distributor of methamphetamine for ROZELL from approximately March 2011, and continuing thereafter until late January 2012. MANYEN worked with Heather Manyen to distribute the methamphetamine obtained from ROZELL - MANYEN and Heather Manyen together distributed the methamphetamine they obtained from ROZELL in the greater Billings area. MANYEN and Heather Manyen obtained approximately 700 grams of methamphetamine from ROZELL, which they in turn distributed to their own customers.
Heather Manyen pled guilty to federal charges and is awaiting sentencing.
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 conducted by the Billings Big Sky Safe Streets Task Force and High Intensity Drug Trafficking Area (HIDTA) Task Force.
Ervin Salgado Osorio Found Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that on May 22, 2013, in Helena, after a federal district court trial before U.S. District Judge Sam E. Haddon, ERVIN SALGADO OSORIO, a 32-year-old resident of Toppenish, Washington, was found guilty of conspiracy to distribute methamphetamine and distribution of methamphetamine. Sentencing is set for September 11, 2013. He is currently detained.
Assistant U.S. Attorney Paulette L. Stewart prosecuted the case for the United States.
OSORIO faces possible penalties of a mandatory minimum of 5 years and could be sentenced to 40 years, a $2,000,000 fine, and 4 years supervised release on each charge.
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.
Robert Kirk Belton 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 May 20, 2013, before U.S. District Judge Sam E. Haddon, ROBERT KIRK BELTON, a 49-year-old resident of Poplar, appeared for sentencing. BELTON was sentenced to a term of:
Prison: 88 months
Special Assessment: $100
Supervised Release: 5 years
BELTON was sentenced in connection with his guilty plea to possession with intent to distribute methamphetamine.
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 5, 2012, BELTON fled the scene of a traffic stop near Wolf Point. While driving away, BELTON threw a Crown Royal bag out the window. The bag contained approximately $12,000 and over 50 grams of a substance containing a detectable amount of methamphetamine.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that BELTON will likely serve all of the time imposed by the court. In the federal system, BELTON 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 Law Enforcement, and the Roosevelt County Sheriff's Office.