FEDERAL DISTRICT ARCHIVE
District of Montana
Press releases recorded for this federal judicial district.
Gayle Patrick Skunkcap, Jr., Jessie Jay St. Goddard, and Woodrow Jay Wells Plead Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Helena, on March 4, 2013, before U.S. District Judge Sam E. Haddon, GAYLE PATRICK SKUNKCAP, JR., age 42, JESSIE JAY ST. GODDARD, age 50, and WOODROW JAY WELLS, age 45, residents of Browning, pled guilty to violating the Lacey Act (illegal sale of tribal wildlife) and theft from a tribal government receiving federal funding. Sentencing has been set for June 24, 2013. They are currently released on special conditions.
In an Offer of Proof filed by Assistant U.S. Attorneys Carl E. Rostad and Ryan G. Weldon, the government stated it would have proved at trial the following:
All wildlife on the Blackfeet Indian Reservation is owned by the Blackfeet Indian Tribe. In managing such wildlife, hunting is allowed. Hunting by non-members on the Blackfeet Indian Reservation is a highly regulated activity. The 2010 and 2011 Blackfeet Regulations set forth the number of tags that may be given to non-members and the price of payment required for each tag. These tags are required, are limited in number, and are highly lucrative. There are only between five and ten hunting licenses for each big-game species availabe to non-tribal members each year, with each license costing between $1,500 and $12,000, depending on the animal.
SKUNKCAP, Jr., was the Director of the Blackfeet Fish and Wildlife Department, and ST. GODDARD and WELLS were Tribal Councilmen on the Blackfeet Tribal Business Council. In 2010 and 2011, the Blackfeet Fish and Wildlife Department received federal funding in excess of $220,000, each year.
Between 2010 and 2011, SKUNKCAP, ST. GODDARD, and WELLS held four big-game hunts for country musicians participating in an outdoors television show on the Blackfeet Indian Reservation without obtaining the limited and expensive hunting licenses for non-tribal members to shoot elk, moose, deer, and a black bear. They also used tribal funds and personnel to outfit and guide the musicians, television show hosts, and a fly fishing expert.
They each face possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was a cooperative effort between the U.S. Fish and Wildlife Service, the Federal Bureau of Investigation, and the Blackfeet Internal Affairs Office.
Ray Kyle Nicholson Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on March 6, 2013, before Chief U.S. District Judge Richard F. Cebull, RAY KYLE NICHOLSON, a 30-year-old resident of Billings, appeared for sentencing. NICHOLSON was sentenced to a term of:
Prison: 45 months, consecutive to a state sentence
Special Assessment: $200
Supervised Release: 3 years
NICHOLSON was sentenced in connection with his guilty plea to being an unlawful user of controlled substance in possession of a firearm and possession of a firearm with an obliterated serial number.
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 7, 2011, at approximately 2:00 a.m., the Billings Police Department received a complaint of a suspicious vehicle in the 2300 block of Avenue C. Responding officers ultimately encountered four persons, one of whom was identified as NICHOLSON. Officers recovered two guns with obliterated serial numbers, one of which was taken from NICHOLSON's person. The gun was a Ruger P85 9mm semi-automatic pistol. When questioned, NICHOLSON admitted that the gun taken from his person was his but claimed that the other gun and the methamphetamine, LSD, and drug paraphernalia in the car were not his. He also admitted that he was addicted to methamphetamine.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that NICHOLSON will likely serve all of the time imposed by the court. In the federal system, NICHOLSON does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Sherron Grace American Horse 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 March 6, 2013, before Chief U.S. District Judge Richard F. Cebull, SHERRON GRACE AMERICAN HORSE, a 38-year-old resident of Ashland and an enrolled member of the Northern Cheyenne Tribe, pled guilty to involuntary manslaughter and assault resulting in serious bodily injury. Sentencing has been set for June 5, 2013. She is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Lori Harper Suek, the government stated it would have proved at trial the following:
On June 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.
AMERICAN HORSE faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release on the involuntary manslaughter charge and 8 years in prison, a $250,000 fine and 3 years supervised release on the assault resulting in serious bodily injury charge.
The investigation was a cooperative effort between the Bureau of Indian Affairs and the Federal Bureau of Investigation.
Erin Ruth Smith 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 March 5, 2013, before Chief U.S. District Judge Richard F. Cebull, ERIN RUTH SMITH, a 21-year-old resident of Wyola and an enrolled member of the Crow Tribe of Indians, pled guilty to assault resulting in serious bodily injury. Sentencing has been set for June 5, 2013. She is currently detained.
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.
SMITH 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.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on March 1, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, the following individual was arraigned:
JOHN RYAN HUGS, a 32-year-old resident of St. Xavier, appeared on a charge of assault resulting in serious bodily injury. He is currently released on special conditions. If convicted of this charge, HUGS faces possible penalties of 10 years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Marcia Hurd is the prosecutor for the United States. The investigation was conducted by a cooperative effort between the Federal Bureau of Investigation and the Bureau of Indian Affairs.
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.
Christie Ann Medicine Tail 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 1, 2013, before Chief U.S. District Judge Richard F. Cebull, CHRISTIE ANN MEDICINE TAIL, a 35-year-old resident of Lodge Grass, was sentenced to a term of:
- Prison: 10 months and 6 days (time served)
- Special Assessment: $100.00
- Supervised Release: 4 years
MEDICINE TAIL was sentenced in connection with his guilty plea to distribution of methamphetamine.
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:
Law enforcement had information that MEDICINE TAIL was selling methamphetamine as part of a bigger drug operation in Big Horn County and on the reservations.
On August 19, 2011, MEDICINE TAIL sold a confidential informant methamphetamine for $200 while at MEDICINE TAIL's residence in Big Horn County.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that MEDICINE TAIL will likely serve all of the time imposed by the court. In the federal system, MEDICINE TAIL does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Montana Division of Criminal Investigation.
Travis Colby Fuchs 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 February 28, 2013, before Chief U.S. District Judge Richard F. Cebull, TRAVIS COLBY FUCHS, a 29-year-old resident of Billings, appeared for sentencing. FUCHS was sentenced to a term of:
- Prison: 72 months
- Special Assessment: $200.00
- Restitution: $1,915.00
- Supervised Release: 5 years
FUCHS was sentenced in connection with his guilty plea to possession with intent to distribute and distribution of methamphetamine and uttering counterfeit obligations and securities.
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:
FUCHS was identified by law enforcement as a member of a methamphetamine distribution organization in Yellowstone County in 2010. The Bureau of Alcohol, Tobacco, and Firearms (ATF) conducted controlled purchases of methamphetamine from FUCHS from December 2010 to January 2011. During the ATF controlled purchases, FUCHS sold the following amounts of methamphetamine to cooperating individuals on the following dates:
December 19, 2010 - a cooperating individual purchased an 1/8 of an ounce of methamphetamine from FUCHS in Billings (3.2 grams actual with 91.5% purity).
January 5, 2011 - a cooperating individual purchased 8 grams of methamphetamine (94.0% purity/ 6.5 grams actual) from FUCHS in Billings.
January 7, 2011 - a cooperating individual purchased 30 grams of methamphetamine (93.8% purity/ 25.1 grams actual) from FUCHS in Billings.
January 11, 2011 - a cooperating individual purchased 29 grams of methamphetamine (90.4% purity/ 25.2 grams actual) from FUCHS in Billings.
January 24, 2011 - a cooperating individual purchased 86.3 grams of methamphetamine (67.8% purity/ 18.9 grams actual) from FUCHS in Billings.
In addition to FUCHS' drug distribution, he also manufactured and passed counterfeit United States currency in the Billings area from January 2012 until March 2012. The counterfeit money consisted of multiple serial numbers. Law enforcement received approximately $800 in counterfeit money passed, primarily in Billings. An additional $2,765 was seized from a motel room, which was occupied by FUCHS. Further investigation developed that FUCHS was responsible for the manufacturing of the counterfeit notes. FUCHS was interviewed and admitted to manufacturing and passing counterfeit notes. Associates of FUCHS have also identified him as the individual responsible for manufacturing the counterfeit notes. The total amount of counterfeit notes seized and passed to date is $3,945.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that FUCHS will likely serve all of the time imposed by the court. In the federal system, FUCHS does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the U.S. Secret Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Billings Big Sky Safe Streets Task Force, and the Federal Bureau of Investigation.
Travis Birdinground 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 February 28, 2013, before Chief U.S. District Judge Richard F. Cebull, TRAVIS BIRDINGROUND, a 44-year-old resident of Hardin, appeared for sentencing. BIRDINGROUND was sentenced to a term of:
- Prison: 18 days (time served)
- Special Assessment: $100
- Supervised Release: 3 years
BIRDINGROUND was sentenced in connection with his guilty plea to maintaining a drug involved premises.
In an Offer of Proof filed by Assistant U.S. Attorney Paulette L. Stewart, the government stated it would have proved at trial the following:
In approximately March of 2011, law enforcement received a complaint that Ross Pattison and BIRDINGROUND were distributing marijuana to numerous people in Hardin and other places in Big Horn County. Through investigation and interviews, law enforcement determined that Pattison possessed a Montana medical marijuana card but was not listed as a caregiver because he is a convicted felon. Law enforcement also determined that BIRDINGROUND worked for Pattison delivering marijuana. BIRDINGROUND also possessed a medical marijuana card and was a caregiver for only one patient. Law enforcement observed BIRDINGROUND leave Pattison's residence numerous times a night and make trips to several residences within Hardin. Law enforcement also observed several individuals drive to Pattison's residence to purchase marijuana from Pattison.
On April 22, 2011, law enforcement executed search warrants for Pattison's Hardin residence and two pickup trucks. Law enforcement seized approximately five pounds of marijuana, approximately $124,000 in cash, digital scales, a paper grocery bag full of zip-lock bags, a methamphetamine pipe with residue, hashish, and photocopies of patient medical marijuana cards for marijuana caregivers Brandon Strecker, Jason Gierke, BIRDINGROUND, and another individual.
On May 23, 2011, law enforcement executed a search warrant at Strecker's Hardin residence. Law enforcement seized a total of 420 marijuana plants - 112 marijuana plants in the attached garage, 239 marijuana plants in the bedroom, one plant in the living room, 68 in the greenhouse and shed. They also seized loose marijuana.
Several witnesses confirmed that Pattison would take and receive orders for marijuana and Gierke, BIRDINGROUND, and another individual would deliver marijuana to the buyers. Several witnesses will testify that after Pattison's house was searched, all deliveries were then made by Strecker or the others.
During an interview with law enforcement on April 22, 2011, BIRDINGROUND admitted his role in the conspiracy to distribute marijuana from Pattison's and Strecker's Hardin residences. The marijuana that he possessed on April 22, 2011, was marijuana that he was delivering for Pattison and Strecker. The marijuana was ordered through Pattison. BIRDINGROUND would pick up the marijuana from Pattison and give Pattison the money after the transaction. Pattison and Strecker paid BIRDINGROUND $800 every two weeks.
During an interview with law enforcement on May 25, 2011, Gierke stated that he helped set up the greenhouses and watering system as part of the marijuana grow operation at Strecker's Hardin residence. Gierke obtained his marijuana from Pattison and Strecker. Gierke, Pattison, and Strecker were "business partners." Pattison put it all together and they grew the marijuana at Strecker's residence.
Chemists with the DEA laboratory in San Francisco tested the marijuana items submitted from the search of Strecker's residence. Some of the items were plant clippings as well as loose marijuana. The result of the analysis was that those items contained a detectable amount of marijuana, a Schedule I controlled substance.
Strecker, Gierke, and Pattison pled guilty to federal charges.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that BIRDINGROUND will likely serve all of the time imposed by the court. In the federal system, BIRDINGROUND 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, the Montana Division of Criminal Investigation.
Doran Leslie Hewitt, II 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 February 28, 2013, before Chief U.S. District Judge Richard F. Cebull, DORAN LESLIE HEWITT, II, a 32-year-old resident of Hardin, appeared for sentencing. HEWITT was sentenced to a term of:
- Prison: 25 days (time served)
- Special Assessment: $100.00
- Supervised Release: 3 years
HEWITT was sentenced in connection with his guilty plea to conspiracy to maintain drug-involved premises.
In an Offer of Proof filed by Assistant U.S. Attorney Paulette L. Stewart, the government stated it would have proved at trial the following:
Around March of 2011, law enforcement received a complaint that Ross Pattison and others were distributing marijuana to numerous people in Hardin and other places in Big Horn County. Through investigation and interviews, law enforcement determined that Pattison possessed a Montana medical marijuana card but was not listed as a caregiver because he is a convicted felon. Pattison hired HEWITT to assist with paperwork with Pattison's tax business as well as the marijuana distribution network. HEWITT also did some marijuana deliveries for Pattison.
On April 22, 2011, law enforcement executed search warrants for Pattison's Hardin residence and two pickup trucks. Law enforcement seized approximately five pounds of marijuana, approximately $124,000 in cash, digital scales, a paper grocery bag full of zip-lock bags, a methamphetamine pipe with residue, hashish, and photocopies of patient medical marijuana cards for marijuana caregivers Brandon Strecker, HEWITT, Travis Birdinground, and Jason Gierke.
On May 23, 2011, law enforcement executed a search warrant at Strecker's Hardin residence. Law enforcement seized a total of 420 marijuana plants - 112 marijuana plants in the attached garage, 239 marijuana plants in the bedroom, one plant in the living room, 68 in the greenhouse and shed. They also seized loose marijuana.
Several witnesses confirmed that Pattison would take and receive orders for marijuana and HEWITT, Gierke, and Birdinground would deliver marijuana to the buyers. Several witnesses will testify that after Pattison's house was searched, all deliveries were then made by Strecker or the others.
Birdinground confirmed that Pattison and Strecker paid Birdinground $800 every two weeks to deliver marijuana for them. Gierke confirmed that Gierke, Pattison, and Strecker were "business partners." Pattison put it all together and they grew the marijuana at Strecker's residence.
Chemists with the DEA laboratory in San Francisco tested the marijuana items submitted from the search of Strecker's residence. Some of the items were plant clippings as well as loose marijuana. The result of the analysis was that those items contained a detectable amount of marijuana, a Schedule I controlled substance.
Pattison, Birdinground, Gierke, and Strecker pled guilty to federal charges
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that HEWITT will likely serve all of the time imposed by the court. In the federal system, HEWITT 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 Montana Division of Criminal Investigation - Billings.
Audra Ann Fisher 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 February 27, 2013, before U.S. District Judge Donald W. Molloy, AUDRA ANN FISHER, a 43-year-old resident of Missoula, appeared for sentencing. FISHER was sentenced to a term of:
- House Arrest: 4 months
- Special Assessment: $100.00
- Restitution: $18,192.99
- Probation: 5 years
FISHER was sentenced in connection with her guilty plea to theft of government property.
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:
FISHER's minor son is disabled and has received Supplemental Security Income ("SSI") since January 2000. FISHER is his representative payee and, as such, agreed to perform a number of accounting and reporting duties, including reporting changes in both her and her son's income and her son's living arrangements. FISHER was periodically reminded of her reporting requirements beginning in 2000.
In April 2002, FISHER began collecting child support payments for her son and failed to report them to the Social Security Administration ("SSA") as required by law. On November 10, 2009, during a routine eligibility review, FISHER finally admitted to receiving sporadic child support payments, but under-reported the total amount of money she had received.
In addition to concealing income from the SSA, FISHER also made false statements to the SSA regarding her son's living arrangements. Between May 30, 2006, and December 1, 2006, and again between December 6, 2007, and April 10, 2009, her son was housed at a treatment center in Texas. On March 18, 2008, FISHER completed two separate Representative Payee Reports and falsely stated on both that her son lived with her during the reporting periods. She also provided false information about her son's residency during an April 2, 2009 SSI review. It was not until April 15, 2009, and again on July 15, 2009, that FISHER accurately reported her son's presence at the treatment center.
On May 11 and May 12, 2011, SSA Special Agent Jacques Hansen interviewed FISHER. She admitted that she knew she was required to report the child support payments but concealed them in order to continue collecting her son's SSI benefits. She also admitted that she understood her legal reporting requirements, confirmed that her son had been housed at a treatment center during the periods referenced above, and said that she failed to report his absence because she knew it would affect his eligibility for SSI.
As a result of FISHER's failure to report income changes and her false statements regarding her son's living arrangements, the SSA overpaid his benefits by $18,192.99.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that FISHER will likely serve all of the time imposed by the court. In the federal system, FISHER 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.
Steven Sann 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 January 26, 2013, before U.S. District Judge Dana L. Christensen, STEVEN SANN, a 58-year-old resident of Lolo, appeared for sentencing. SANN was sentenced to a term of:
- Probation: 4 years
- Special Assessment: $100
- Forfeiture: Warehouse
SANN was sentenced in connection with his guilty plea to conspiracy to maintain drug-involved premises.
In an Offer of Proof filed by Assistant U.S. Attorney Tara J. Elliott, the government stated it would have proved at trial the following:
Beginning in January 2011, and continuing into June 2011, SANN and others maintained a drug premises for the purpose of manufacturing marijuana. This facility was known as "The Wye" located in Missoula. "The Wye" had between 1,000 and 1,200 marijuana plants at various growth stages and was capable of producing at least 30 pounds of marijuana a month. The marijuana was distributed through Big Sky Health marijuana dispensaries to marijuana cardholders and individuals who were not marijuana cardholders.
SANN was the original owner of "The Wye" and sold the facility to another individual for approximately $300,000 over a number of months.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that SANN will likely serve all of the time imposed by the court. In the federal system, SANN 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 Missoula High Intensity Drug Trafficking Area (HIDTA) Task Force.
Steven Sann 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 January 26, 2013, before U.S. District Judge Dana L. Christensen, STEVEN SANN, a 58-year-old resident of Lolo, appeared for sentencing. SANN was sentenced to a term of:
- Probation: 4 years
- Special Assessment: $100
- Forfeiture: Warehouse
SANN was sentenced in connection with his guilty plea to conspiracy to maintain drug-involved premises.
In an Offer of Proof filed by Assistant U.S. Attorney Tara J. Elliott, the government stated it would have proved at trial the following:
Beginning in January 2011, and continuing into June 2011, SANN and others maintained a drug premises for the purpose of manufacturing marijuana. This facility was known as "The Wye" located in Missoula. "The Wye" had between 1,000 and 1,200 marijuana plants at various growth stages and was capable of producing at least 30 pounds of marijuana a month. The marijuana was distributed through Big Sky Health marijuana dispensaries to marijuana cardholders and individuals who were not marijuana cardholders.
SANN was the original owner of "The Wye" and sold the facility to another individual for approximately $300,000 over a number of months.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that SANN will likely serve all of the time imposed by the court. In the federal system, SANN 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 Missoula High Intensity Drug Trafficking Area (HIDTA) Task Force.
Steven Sann 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 February 26, 2013, before U.S. District Judge Dana L. Christensen, STEVEN SANN, a 58-year-old resident of Lolo, appeared for sentencing. SANN was sentenced to a term of:
- Probation: 4 years
- Special Assessment: $100
- Forfeiture: Warehouse
SANN was sentenced in connection with his guilty plea to conspiracy to maintain drug-involved premises.
In an Offer of Proof filed by Assistant U.S. Attorney Tara J. Elliott, the government stated it would have proved at trial the following:
Beginning in January 2011, and continuing into June 2011, SANN and others maintained a drug premises for the purpose of manufacturing marijuana. This facility was known as "The Wye" located in Missoula. "The Wye" had between 1,000 and 1,200 marijuana plants at various growth stages and was capable of producing at least 30 pounds of marijuana a month. The marijuana was distributed through Big Sky Health marijuana dispensaries to marijuana cardholders and individuals who were not marijuana cardholders.
SANN was the original owner of "The Wye" and sold the facility to another individual for approximately $300,000 over a number of months.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that SANN will likely serve all of the time imposed by the court. In the federal system, SANN 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 Missoula High Intensity Drug Trafficking Area (HIDTA) Task Force.
Justin Hanley Bright Wings 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 February 26, 2013, before Chief U.S. District Judge Richard F. Cebull, JUSTIN HANLEY BRIGHT WINGS, a 27-year-old resident of Lodge Grass, pled guilty to assault resulting in serious bodily injury. Sentencing has been set for May 29, 2013. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Lori Harper Suek, the government stated it would have proved at trial the following:
JUSTIN HANLEY BRIGHT WINGS, is a 27 year old male, and is an enrolled member of the Crow Tribe of Indians, a federally recognized tribe. The crime occurred within the exterior boundaries of the Crow Indian Reservation.
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 Highway 1, approximately one mile from the intersection of Hwy 1 and Hwy 313, south of Hardin. 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 the FBI lab analyzed the blood. The FBI lab report indicates that the defendant's BAC at 14:15 (approximately 1 hr after the crash), was 0.318. Using back-extrapolation calculations to estimate the BAC at the time of the crash, the FBI lab report estimates that the 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).
BRIGHT WINGS faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was conducted by a cooperative effort between the Federal Bureau of Investigation and the Bureau of Indian Affairs.
Informational: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on February 26, 2013, before U.S. Magistrate Judge R. Keith Strong, the following individuals were arraigned:
THOMAS MARK MARCEAU, a resident of Browning, appeared on charges of aggravated sexual abuse and abusive sexual contact. He is currently detained. If convicted of these charges, MARCEAU faces possible penalties of a mandatory minimum of 30 years in prison up to life in prison, a $250,000 fine, and at least 5 years up to lifetime supervised release. Assistant U.S. Attorney Ryan Weldon is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
RONALD JAY MILLER, a 56-year-old resident of East Helena, appeared on charges of access with intent to view child pornography, possession of child pornography, and felon in possession of firearms. He is currently detained. If convicted of these charges, MILLER faces possible penalties of a mandatory minimum of 10 years up to 20 years in prison, a $250,000 fine, and at least 5 years up to lifetime supervised release. Assistant U.S. Attorney Marcia Hurd is the prosecutor for the United States. The investigation was conducted by a cooperative effort between the Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms, & Explosives, Montana Division of Criminal Investigation, and the Helena Police Department.
CHRISTOPHER JOSEPH LADUE, a 26-year-old resident of Browning, appeared on a charge of sexual abuse of a minor. He is currently detained. If convicted of this charge, LADUE faces possible penalties of 15 years in prison, a $250,000 fine, and at least 5 years up to lifetime supervised release. Assistant U.S. Attorney Ryan Weldon is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
The defendants pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on February 26, 2013, before U.S. Magistrate Judge Jeremiah C. Lynch, the following individual was arraigned:
RODNEY ROYCE MILLER, a 60-year-old resident of Kalispell, appeared on charges of receipt of child pornography and accessing child pornography with the intent to view. He is currently detained. If convicted of these charges, MILLER faces possible penalties of a minimum of 15 years in prison up to 40 years in prison, a $250,000 fine, and at least 5 years up to lifetime supervised release. Assistant U.S. Attorney Cyndee L. Peterson is the prosecutor for the United States. The investigation was conducted by a cooperative effort between the Internet Crimes Against Children Task Force, Flathead County Sheriff's Office, Montana Division of Criminal Investigation, and United States Probation.
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.
Brandon Lee Brauhn 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 February 25, 2013, before U.S. District Judge Sam E. Haddon, BRANDON LEE BRAUHN, a 23-year-old resident of Cut Bank and an enrolled member of the Blackfeet Tribe, pled guilty to burglary. Sentencing has been set for June 10, 2013. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Ryan G. Weldon, the government stated it would have proved at trial the following:
On October 6, 2012, the victim went to bed at approximately 7:00 p.m. at his residence in Seville, which is within the exterior boundaries of the Blackfeet Indian Reservation. The victim went to bed alone and no one lives in his apartment with him.
At approximately 2:00 a.m., on October 7, 2012, the victim awoke to the sound of his door being kicked open. The victim then heard BRAUHN's voice. The victim turned on his bedroom light, and he saw BRAUHN enter the bedroom. According to the victim, BRAUHN had a knife, which was described as a "steak knife with a serrated edge." BRAUHN then began yelling, "I should just ......... kill you." BRAUHN also told The victim to "stay away from my mom."
The victim and BRAUHN's mother had previously been in a romantic relationship. That relationship turned sour and ended in physical violence. When law enforcement ultimately arrived at the victim's residence, the victim's face was bloody, blood was present on the bed where the victim was sleeping, and a knife was discovered in the residence. The blood on the bed and knife was determined to be the blood of the victim Moreover, the victim had minor lacerations to his hands.
When law enforcement arrived, BRAUHN stated, "I did this because of my mom." BRAUHN also stated that he did not cut the victim, but that the victim must have stabbed himself.
BRAUHN faces 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.
Ross T. Pattison 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 February 21, 2013, before Chief U.S. District Judge Richard F. Cebull, ROSS T. PATTISON, a 49-year-old resident of Hardin, appeared for sentencing. PATTISON was sentenced to a term of:
- Prison: 20 months
- Special Assessment: $100
- Forfeiture: 625 West 1st Street, Hardin, MT
- Supervised Release: 3 years
PATTISON was sentenced in connection with his guilty plea to maintaining a drug involved premises.
In an Offer of Proof filed by Assistant U.S. Attorney Paulette L. Stewart, the government stated it would have proved at trial the following:
In approximately March of 2011, law enforcement received a complaint that PATTISON and Travis Birdinground were distributing marijuana to numerous people in Hardin and other places in Big Horn County. Through investigation and interviews, law enforcement determined that PATTISON possessed a Montana medical marijuana card but was not listed as a caregiver because he is a convicted felon. Law enforcement also determined that Birdinground worked for PATTISON delivering marijuana. Birdinground also possessed a medical marijuana card and was a caregiver for only one patient. Law enforcement observed Birdinground leave PATTISON's residence numerous times a night and make trips to several residences within Hardin. Law enforcement also observed several individuals drive to PATTISON's residence to purchase marijuana from PATTISON.
On April 22, 2011, law enforcement executed search warrants for PATTISON's Hardin residence and two pickup trucks. Law enforcement seized approximately five pounds of marijuana, approximately $124,000 in cash, digital scales, a paper grocery bag full of zip-lock bags, a methamphetamine pipe with residue, hashish, and photocopies of patient medical marijuana cards for marijuana caregivers Brandon Strecker, Jason Gierke, Birdinground, and another individual.
On May 23, 2011, law enforcement executed a search warrant at Strecker's Hardin residence. Law enforcement seized a total of 420 marijuana plants - 112 marijuana plants in the attached garage, 239 marijuana plants in the bedroom, one plant in the living room, 68 in the greenhouse and shed. They also seized loose marijuana.
Several witnesses confirmed that PATTISON would take and receive orders for marijuana and Gierke, Birdinground, and another individual would deliver marijuana to the buyers. Several witnesses will testify that after Ross PATTISON's house was searched, all deliveries were then made by Strecker or the others.
During an interview with law enforcement on April 22, 2011, Birdinground admitted his role in the conspiracy to distribute marijuana from PATTISON's and Strecker's Hardin residences. The marijuana that he possessed on April 22, 2011, was marijuana that he was delivering for PATTISON and Strecker. The marijuana was ordered through PATTISON. Birdinground would pick up the marijuana from PATTISON and give PATTISON the money after the transaction. PATTISON and Strecker paid Birdinground $800 every two weeks.
During an interview with law enforcement on May 25, 2011, Gierke stated that he helped set up the greenhouses and watering system as part of the marijuana grow operation at Strecker's Hardin residence. Gierke obtained his marijuana from PATTISON and Strecker. Gierke, PATTISON, and Strecker were "business partners." PATTISON put it all together and they grew the marijuana at Strecker's residence.
Chemists with the DEA laboratory in San Francisco tested the marijuana items submitted from the search of Strecker's residence. Some of the items were plant clippings as well as loose marijuana. The result of the analysis was that those items contained a detectable amount of marijuana, a Schedule I controlled substance.
Gierke, Strecker, and Birdinground pled guilty to federal charges.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that they will likely serve all of the time imposed by the court. In the federal system, they do have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Drug Enforcement Administration, the Montana Division of Criminal Investigation.
Johnny Ray 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 February 22, 2013, before Chief U.S. District Judge Richard F. Cebull, JOHNNY RAY ROWLAND, a 38-year-old resident of Lame Deer and an enrolled member of the Northern Cheyenne Tribe, appeared for sentencing. ROWLAND was sentenced to a term of:
- Prison: 46 months
- Special Assessment: $200
- Supervised Release: 3 years
ROWLAND was sentenced in connection with his guilty plea to assault with a deadly weapon 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 21, 2012, the victim was giving a neighbor a ride home to Muddy Cluster, when he was confronted by the neighbor's husband, ROWLAND. The confrontation stemmed from a tussle over a bottle of alcohol. The neighbor tried to take a bottle of alcohol from the car. When the victim tried to stop her, she yelled and got the attention of ROWLAND. The victim was sitting in the passenger front seat when ROWLAND approached the car and punched the victim in the head with brass knuckles. ROWLAND continued to punch the victim in the head and face area with the brass knuckles, yelling threats and his intent to kill the victim. DNA extracted from blood recovered from the interior of the car matches the victim's DNA.
The victim ultimately got out of the car to defend himself. At this point, ROWLAND pulled out a knife and slashed the victim on his head and below his chin. The victim eventually fell to the ground and ROWLAND kicked the victim a few times while he was lying on the ground.
The victim sought medical treatment for his injuries that meet the definition of serious bodily injury.
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 conducted by a cooperative effort between the Bureau of Indian Affairs and the Federal Bureau of Investigation.
Informational: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on February 21, 2013, before U.S. Magistrate Judge R. Keith Strong, the following individuals were arraigned:
KE XU, a 25-year-old resident of San Gabriel, California, appeared on charges of conspiracy to commit fraud, wire fraud, access device fraud, and aggravated identity theft. He is currently detained. If convicted of these charges, XU faces possible penalties of twenty years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Bryan Whittaker is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
LIANG WANG, a 30-year-old resident of Monterey, California, appeared on charges of conspiracy to commit fraud, wire fraud, and access device fraud, and aggravated identity theft. He is currently detained. If convicted of these charges, WANG faces possible penalties of twenty years in prison, a $250,000 fine, and 3 years supervised release. Assistant U.S. Attorney Bryan Whittaker is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
RODNEY LANE COOPER, a 50-year-old resident of Havre, appeared on charges of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute methamphetamine and distribution of methamphetamine. He is currently detained. If convicted of these charges, COOPER faces possible penalties of a mandatory minimum of 5 years in prison up to 40 years in prison, a $2,000,000 fine, and 4 years supervised release. Assistant U.S. Attorney Jessica Betley is the prosecutor for the United States. The investigation was conducted by the Tri-Agency Drug Task Force.
The defendants pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on February 21, 2013, before U.S. Magistrate Judge Jeremiah C. Lynch, the following individuals were arraigned:
JAMES TYRONE DAVIS, a 28-year-old resident of Missoula, appeared on a charge of conspiracy to possess with intent to distribute methamphetamine. He is currently released on special conditions. If convicted of this charge, DAVIS faces possible penalties of a minimum mandatory 10 years in prison up to life in prison, a $10,000,000 fine, and 5 years supervised release. Assistant U.S. Attorney Tara J. Elliott is the prosecutor for the United States. The investigation was conducted by a cooperative effort between the Drug Enforcement Administration and Missoula High Intensity Drug Trafficking Area (HIDTA) Task Force.
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.
Brandon Lee Strecker 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 February 21, 2013, before Chief U.S. District Judge Richard F. Cebull, BRANDON LEE STRECKER, a 38-year-old resident of Hardin, was sentenced to a term of:
- Prison: 12 months and 1 day
- Special Assessment: $100
- Forfeiture: Route 1 Box 1263A
- Supervised Release: 3 years
He was sentenced in connection with his guilty plea to maintaining drug involved premises.
In an Offer of Proof filed by Assistant U.S. Attorney Paulette L. Stewart, the government stated it would have proved at trial the following:
In approximately March of 2011, law enforcement received a complaint that Ross Pattison and Travis Birdinground were distributing marijuana to numerous people in Hardin and other places in Big Horn County. Through investigation and interviews, law enforcement determined that Pattison possessed a Montana medical marijuana card but was not listed as a caregiver because he is a convicted felon. Law enforcement also determined that Birdinground worked for Pattison delivering marijuana. Birdinground also possessed a medical marijuana card and was a caregiver for only one patient. Law enforcement observed Birdinground leave Pattison's residence numerous times a night and make trips to several residences within Hardin. Law enforcement also observed several individuals drive to Pattison's residence to purchase marijuana from Pattison.
On April 22, 2011, law enforcement executed search warrants for Pattison's Hardin residence and two pickup trucks. Law enforcement seized approximately five pounds of marijuana, approximately $124,000 in cash, digital scales, a paper grocery bag full of zip-lock bags, a methamphetamine pipe with residue, hashish, and photocopies of patient medical marijuana cards for marijuana caregivers STRECKER, Jason Gierke, Birdinground and another individual.
On May 23, 2011, law enforcement executed a search warrant at STRECKER's Hardin residence. Law enforcement seized a total of 420 marijuana plants - 112 marijuana plants in the attached garage, 239 marijuana plants in the bedroom, one plant in the living room, 68 in the greenhouse and shed. They also seized loose marijuana.
Several witnesses confirmed that Pattison would take and receive orders for marijuana and Gierke, Birdinground, and another individual would deliver marijuana to the buyers. Several witnesses will testify that after Ross Pattison's house was searched, all deliveries were then made by STRECKER or the others.
During an interview with law enforcement on April 22, 2011, Birdinground admitted his role in the conspiracy to distribute marijuana from Pattison's and STRECKER's Hardin residences. The marijuana that he possessed on April 22, 2011, was marijuana that he was delivering for Pattison and STRECKER. The marijuana was ordered through Pattison. Birdinground would pick up the marijuana from Pattison and give Pattison the money after the transaction. Pattison and STRECKER paid Birdinground $800 every two weeks.
During an interview with law enforcement on May 25, 2011, Gierke stated that he helped set up the greenhouses and watering system as part of the marijuana grow operation at STRECKER's Hardin residence. Gierke obtained his marijuana from Pattison and STRECKER. Gierke, Pattison, and STRECKER were "business partners." Pattison put it all together and they grew the marijuana at STRECKER's residence.
Chemists with the DEA laboratory in San Francisco tested the marijuana items submitted from the search of STRECKER's residence. Some of the items were plant clippings as well as loose marijuana. The result of the analysis was that those items contained a detectable amount of marijuana, a Schedule I controlled substance.
Gierke, Pattison, and Birdinground pled guilty to federal charges.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that they will likely serve all of the time imposed by the court. In the federal system, they do have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the following federal, state and local law enforcement agencies: the Drug Enforcement Administration, U.S. Immigration and Customs Enforcement's Homeland Security Investigations, Criminal Investigation Division of the Internal Revenue Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, the Environmental Protection Agency-Criminal Investigation Division, U.S. Customs and Border Protection-Border Patrol, and the Occupational Safety and Health Administration. These federal agencies were assisted by local High Intensity Drug Trafficking Area task forces, the Northwest Drug Task Force, the Kalispell Police Department, the Flathead County Sheriff's Office, the Missoula Police Department, the Missoula County Sheriff's Office, the Missoula High Intensity Drug Trafficking Area (HIDTA) Task Force, the Great Falls Police Department, the Cascade County Sheriff's Office, the Central Montana Drug Task Force, the Billings Police Department, the Yellowstone County Sheriff's Office, the Eastern Montana High Intensity Drug Trafficking Area (HIDTA) Task Force, the Dillon Police Department, the Beaverhead County Sheriff's Office, the Park County Sheriff's Office, the Bozeman Police Department, the Gallatin County Sheriff's Office, the Belgrade Police Department, the Missouri River Drug Task Force, the Helena Police Department, the Lewis & Clark Sheriff's Office, and the Eastern Montana Drug Task Force - Miles City.
Frankie Dushane Kindness 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 February 20, 2013, before Chief U.S. District Judge Richard F. Cebull, FRANKIE DUSHANE KINDNESS, a 39-year-old resident of Crow Agency, appeared for sentencing. KINDNESS was sentenced to a term of:
- Prison: 27 months
- Special Assessment: $100
- Restitution: $2,894.63
- Supervised Release: 3 years
KINDNESS was sentenced in connection with his guilty plea to depredation of government property.
In an Offer of Proof filed by Assistant U.S. Attorney E. Vincent Carroll, the government stated it would have proved at trial the following:
During the early morning hours of March 29, 2012, the FBI was contacted by the BIA Police Department (Crow Agency) regarding an officer involved shooting on River Road, north of Crow Agency. The FBI and BIA started an investigation. The investigation showed that a BIA Police officer was looking for a suspect in an unrelated domestic violence case. As the officer was out on patrol at approximately 2:30 a.m., he came across a car parked on River Road near Crow Agency. KINDNESS was in the driver's seat and her husband was in the passenger seat. The officer stopped his vehicle in front of KINDNESS' vehicle and got out. As the officer approached, KINDNESS put her vehicle in reverse and nearly ran off the road into a ditch as she backed up. She then put the car in drive and drove straight at the officer. KINDNESS swerved, missed the front of the BIA police vehicle, but hit the back bumper. The chase was then "on."
The officer chased KINDNESS' vehicle. Another BIA Police officer parked his police vehicle on River Road in an attempt to block, or slow, KINDNESS. The officer stood adjacent to his vehicle as KINDNESS approached, and he yelled for KINDNESS to stop. KINDNESS did not stop, and hit the front of the officer's vehicle.
The incidents were recorded on both BIA Police vehicles' video cameras. Additionally, paint markings on both police vehicles and on KINDNESS' vehicle show that KINDNESS hit the police vehicles.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that KINDNESS will likely serve all of the time imposed by the court. In the federal system, KINDNESS does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Federal Bureau of Investigation.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on February 19, 2013, before U.S. Magistrate Judge Keith Strong, the following individual was arraigned:
JONATHAN JAMES HENDERSON, a 28-year-old resident of Great Falls, appeared on charges of conspiracy to possess with the intent to distribute methamphetamine and possession with the intent to distribute methamphetamine. He is currently detained. If convicted of these charges, HENDERSON faces possible penalties of a mandatory minimum of 10 years in prison and could be sentenced to life, a $10,000,000 fine, and 5 years supervised release on each count. Assistant U.S. Attorney Bryan R. Whittaker is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
The defendant pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Franklin Troy Caplette 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 February 19, 2013, before U.S. District Judge Sam E. Haddon, FRANKLIN TROY CAPLETTE, a 28-year-old resident of Havre, pled guilty to possession with intent to distribute methamphetamine. Sentencing has been set for June 10, 2013. He is currently detained.
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.
CAPLETTE 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.
The investigation was conducted by the Havre Police Department.
Christopher Anthony Quinn 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 February 19, 2013, before U.S. Magistrate Judge Jeremiah C. Lynch, CHRISTOPHER ANTHONY QUINN, a 49-year-old resident of Troy, pled guilty to distribution of child pornography. Sentencing has been set for May 24, 2013. He is currently released on special conditions.
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.
QUINN faces possible penalties of a mandatory minimum of 5 years in prison and could be sentenced to 20 years, a $250,000 fine, and lifetime supervision.
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.
Billie Joe Bullshields 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 February 19, 2013, before U.S. District Judge Sam E. Haddon, BILLIE JOE BULLSHIELDS, a 29-year-old resident of Browning, pled guilty to distribution of methamphetamine. Sentencing has been set for June 17, 2013.
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. 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.
BULLSHIELDS 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.
The investigation was conducted by the Montana Regional Violent Crimes Task Force.
Shahid Sindhu Khan 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 February 14, 2013, before U.S. District Judge Dana L. Christensen, SHAHID SINDHU KHAN, a 39-year-old resident of Othello, Washington, pled guilty to conspiracy to distribute cocaine. Sentencing has been set for May 23, 2013. He is currently released on special conditions.
In an Offer of Proof filed by Assistant U.S. Attorney Tara L. Elliott, the government stated it would have proved at trial the following:
On August 23, 2012, a Confidential Informant (CI) was scheduled to purchase cocaine from KHAN and Ijaz Khan Sindhu in Missoula. Prior to arriving in Montana, KHAN and Sindhu were stopped by Idaho police officers and it was later discovered that they had 10 ounces of cocaine in their car.
The CI would have testified that he purchased cocaine from Sindhu on numerous occasions between January and August of 2012, and usually purchased approximately 9 ounces of cocaine at a time. He would have further testified that KHAN was with Sindhu on at least 4 or 5 of those occasions and at least once KHAN took the money from the CI for the cocaine.
Sindhu pled guilty to federal charges.
KHAN 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.
The investigation was conducted by the Federal Bureau of Investigation.
Ijaz Khan Sindhu 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 February 15, 2013, before U.S. District Judge Dana L. Christensen, IJAZ KHAN SINDHU, a 33-year-old resident of Othello Washington, pled guilty to conspiracy to distribute cocaine. Sentencing has been set for May 24, 2013. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Tara L. Elliott, the government stated it would have proved at trial the following:
On August 23, 2012, a Confidential Informant (CI) was scheduled to purchase cocaine from Shahid Khan and SINDHU in Missoula. Prior to arriving in Montana, Khan and SINDHU were stopped by Idaho police officers and it was later discovered that they had 10 ounces of cocaine in their car.
The CI would have testified that he purchased cocaine from SINDHU on numerous occasions between January and August of 2012, and usually purchased approximately 9 ounces of cocaine at a time. He would have further testified that Khan was with SINDHU on at least 4 or 5 of those occasions and at least once Khan took the money from the CI for the cocaine.
Khan pled guilty to federal charges.
SINDHU faces possible penalties of a mandatory minimum of 5 years and could be sentenced to 40 years, a $5,000,000 fine, and four years supervised release.
The investigation was conducted by the Federal Bureau of Investigation.
William Joey Gutierrez 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 February 14, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, WILLIAM JOEY GUTIERREZ, III, a 21-year-old resident of Pryor and an enrolled member of the Crow Tribe of Indians, appeared for sentencing. GUTIERREZ was sentenced to a term of:
Prison: 28 months
Special Assessment: $100
Supervised Release: 3 years
GUTIERREZ 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 E. Vincent Carroll, the government stated it would have proved at trial the following:
On April 17, 2012, GUTIERREZ and the victim were in the bedroom of their house in Dunmore on the Crow Indian Reservation. GUTIERREZ (later while being interviewed by law enforcement) admitted that, while in their bedroom, he hit the victim in her face with his closed fist because of "alcohol and jealousy." Both the victim and GUTIERREZ had been drinking. The victim was taken to the hospital, where she was treated for a fractured orbital and medial wall. Two treating physicians indicated that the victim's injuries constituted serious bodily injury because of extreme physical pain and protracted and obvious disfigurement.
Several witnesses at the house stated that they heard the victim yelling, "No!," and then saw the victim with a swollen eye shortly afterwards.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that GUTIERREZ will likely serve all of the time imposed by the court. In the federal system, GUTIERREZ 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.
Edgard Enrique Le 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 February 14, 2013, before U.S. District Judge Dana L. Christensen, EDGARD ENRIQUE LE, a 29-year-old resident of Escondido, California, pled guilty to transportation with intent to engage in criminal sexual activity. Sentencing has been set for May 23, 2013. He is currently detained.
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:
The victim was born in 1999. In February 2012, the victim resided in Flathead County. At that time, LE resided in California. LE engaged in an online romantic relationship with the 12-year-old victim. Electronic records show conversations about the victim and LE being in love, that they were "engaged" and that they were going to get married. LE used his cell phone to communicate with the victim.
In early February 2012, LE drove from California to the victim's residence in Flathead County. On February 13 and 14, 2012, LE transported the victim in an automobile out of the State of Montana. The intended destination was LE's residence in California. Prior to reaching his residence, the vehicle they were riding in was stopped by law enforcement southwest of the Nevada/California border in California. During an interview with law enforcement, LE stated that his intent was to take the victim to California with him to live. Once in California, LE intended to have a physical and romantic relationship with the victim that included sex acts.
LE faces possible penalties of a mandatory minimum of 10 years in prison and could be sentenced to life, a $250,000 fine, and lifetime supervision.
The investigation was a cooperative effort between the Federal Bureau of Investigation, the Internet Crimes Against Children (ICAC) Task Force, and the Flathead County Sheriff's Office.
Cody James Kinn and Joshua Charles Krank 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 February 14, 2013, before Chief U.S. District Judge Richard F. Cebull, CODY JAMES KINN, age 22, and JOSHUA CHARLES KRANK, age 22, residents of Roundup, appeared for sentencing. They were each sentenced to a term of:
Probation: 5 years with 6 months house arrest with GPS monitoring
Special Assessment: $100
Restitution: $12,315.29
They were sentenced in connection with their guilty pleas to burglary involving controlled substances.
In an Offer of Proof filed by Assistant U.S. Attorney Paulette L. Stewart, the government stated it would have proved at trial the following:
On October 24, 2011, KINN and KRANK broke into the Pamida Pharmacy in Roundup and stole prescription drugs including Adderall (Dextroamphetamine and Amphetamine), Oxycodone, Hydrocodone, Dextroamphetamine, Hydromorphone, Morphine, and Methadone. There were approximately 7,000 pills taken.
When interviewed by law enforcement, KINN and KRANK admitted to breaking into the Pamida Pharmacy to steal pills. Both admitted to coming into the pharmacy by breaking a window and crawling inside. Both filled IGA shopping bags with bottles of prescription medications from the unlocked safe.
Replacement cost for the stolen pills is approximately $13,000, however this is not their street value.
The investigation was a cooperative effort between the Musselshell County Sheriff's Office, the Drug Enforcement Administration, and the Montana Division of Criminal Investigation.
Armando Hernandez-Vaca 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 February 13, 2013, before Senior U.S. District Judge Jack D. Shanstrom, ARMANDO HERNANDEZ-VACA, a 25-year-old resident of Billings, pled guilty to conspiracy to possess with intent to distribute and distribution of methamphetamine. Sentencing has been set for May 15, 2013. He is currently detained.
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.
HERNANDEZ-VACA faces possible penalties of a mandatory minimum of 10 years in prison and could be sentenced to life, a $10,000,000 fine, and 5 years supervised release.
The investigation was conducted by the Billings Big Sky Safe Streets Task Force.
Wamblee Tonka Rowland 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 February 12, 2013, before Chief U.S. District Judge Richard F. Cebull, WAMBLEE TONKA ROWLAND, a 34-year-old resident of Lame Deer and an enrolled member of the Northern Cheyenne Tribe, pled guilty to assault with a dangerous weapon. Sentencing has been set for May 15, 2013. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Lori Harper Suek, the government stated it would have proved at trial the following:
On 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.
ROWLAND 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.
Successful Conclusion of Operation Rolling Thunder Deals Blow to Illegal Trafficking in Federally-Protected Eagles and HawksRead the Press Release
United States Attorney Michael W. Cotter of the District of Montana, and United States Attorney Brendan V. Johnson of the District of South Dakota, announced the results of Operation Rolling Thunder, a two-year covert investigation focusing on unlawful trafficking in federally-protected migratory birds, primarily bald and golden eagles. The operation was conducted by agents of the U.S. Fish and Wildlife Service from March 2008 through February 2011 in Montana and South Dakota.
The investigation documented 43 transactions of protected migratory birds, primarily bald and golden eagles, in violation of the Bald and Golden Eagle Protection Act, the Migratory Bird Treaty Act, and the Lacey Act. The unlawful transactions include the purchase of multiple whole carcass bald and golden eagles in interstate commerce using the United States Postal Service and wire transfers of funds to further the transactions. In total, the operation was able to purchase feathers, other bird parts (wings, claws), and complete migratory birds, which involved a minimum of 80 eagles and 30 hawks.
In response to the successful prosecutions in Operation Rolling Thunder, U.S. Attorney Michael W. Cotter said, "I have to commend the investigators with the U.S. Fish Wildlife Service and Assistant U.S. Attorney Mark Smith for his excellent work in this case. Investigations and prosecutions, like Operation Rolling Thunder, of those that kill our protected species for their own gain are vital to ensuring the sustainability of the majestic raptors of our country."
U.S. Attorney Brendan V. Johnson added, "I want to recognize and thank the U.S. Fish and Wildlife Service investigators for their diligent efforts in this Operation, and Assistant U. S. Attorneys Eric Kelderman and Tim Maher for their vigorous prosecution of those that have violated the Bald and Golden Eagle Protection Act. The Department of Justice respects the appropriate use of bird parts for cultural and religious purposes, but the success of Operation Rolling Thunder demonstrates that once that line is crossed, we will strongly enforce federal wildlife laws that preserve natural resources."
This investigation documented the unlawful killing and commercialization of eagles and hawks, an unlawful practice that in certain areas of our country is a significant threat to species that are a vital part of our natural heritage," said Ed Grace, Deputy Chief for the U.S. Fish and Wildlife Service. "We hope the penalties in these cases serve as a deterrent to those engaged in this practice, and urge the public to help us put an end to it."
On October 12, 2012, the Department of Justice announced a policy addressing the ability of members of federally recognized Indian tribes to possess or use eagle feathers, an issue of great cultural significance to many tribes and their members. The Attorney General's memorandum is the first formal policy statement adopted by the Justice Department on this issue. It clarifies and expands on longstanding Department practice, consistent with the Department of the Interior's 35-year old Morton Policy, of not prosecuting tribal members for possessing or using eagle feathers and other protected bird parts. Federal wildlife laws such as the Bald and Golden Eagle Protection Act generally criminalize the killing of eagles and other migratory birds and the possession or commercialization of the feathers and other parts of such birds. These important laws are enforced by the Department of Justice and the Department of the Interior and help ensure that eagle and other bird populations remain healthy and sustainable.
Many Indian tribes and tribal members have historically used, and today continue to use federally protected birds, bird feathers or other bird parts for their tribal cultural and religious expression. Federal wildlife laws recognize the importance of accommodating tribal spiritual needs by allowing exceptions for the religious purposes of Indian tribes. Eagle feathers are made available to tribal members every year from the Fish and Wildlife Service's National Eagle Repository. www.fws.gov/le/national-eagle-repository.html
For more information on the Department's Eagle Feathers Policy, visit www.justice.gov/tribal/feathers-fs.htm.
Five defendants were indicted in South Dakota, and seven were indicted in Montana. What follows is a summary of the cases for those defendants who have been sentenced:
SOUTH DAKOTA DEFENDANTS:
Stanley LITTLEBOY On January 5, 2012, Stanley LITTLEBOY appeared before United States District Court Judge Jeffrey L. Viken and was sentenced on two counts of violating the Bald and Golden Eagle Protection Act. LITTLEBOY was sentenced to the following:
Five (5) months in the custody of the Bureau of Prisons
Five (5) months in Community ConfinementOne (1) year of Supervised Release
Special Assessment Fee
Shane REDHAWK On January 18, 2012, Shane REDHAWK appeared before United States District Court Judge Roberto A. Lange and was sentenced on two counts of violating the Bald and Golden Eagle Protection Act. REDHAWK was sentenced to the following:
One (1) month in the custody of the Bureau of Prisons
Five (5) months in Home Confinement
One (1) year of Supervised Release
Community Service
Special Assessment Fee
Noella REDHAWK On January 18, 2012, Noella REDHAWK appeared before United States District Court Judge Roberto A. Lange and was sentenced on one count of violating the Bald and Golden Eagle Protection Act. REDHAWK was sentenced to the following:
Six (6) months in Home Confinement
One (1) year of Probation
Community Service
Special Assessment Fee
Tilden REDDEST On February 24, 2012, Tilden REDDEST appeared before U.S. District Court Judge Jeffrey L. Viken and was sentenced on two counts of violating the Bald and Golden Eagle Protection Act. REDDEST was sentenced to the following:
Fifty-two (52) consecutive weekends in custody. To be served at the Pennington County Jail, Rapid City, South Dakota
Five (5) years of Probation
Community Service
Special Assessment Fee
MONTANA/SOUTH DAKOTA JOINT DEFENDANT:
Ernie L. STEWART On January 11, 2012, Ernie L. STEWART appeared before U.S. District Judge Jeffrey L. Viken and pled guilty to one (1) count of violating the Bald and Golden Eagle Protection Act. Later, Stewart's case was transferred from the District of South Dakota to the District of Montana for sentencing, because Stewart had related charges pending in that District. On May 9, 2012, Ernie L. STEWART appeared before U.S. District Court Judge Jack D. Shanstrom and was sentenced on three (3) counts of violating the Bald and Golden Eagle Protection Act. STEWART was sentenced to the following for charges in Montana and South Dakota:
Twelve (12) months and one (1) day in the custody of the Bureau of Prisons
One (1) year of Supervised Release
Revocation of hunting and fishing privileges
Special Assessment Fee
MONTANA DEFENDANTS:
Melody GOODSTRIKER On January 7, 2012, Melody GOODSTRIKER, per a plea agreement with the U.S. Attorney's Office, forfeited $500.00 in collateral to the Central Violations Bureau for a violation of the Migratory Bird Treaty Act.
Harvey HUGS On January 27, 2012, Harvey HUGS appeared before U.S. Magistrate Judge Carolyn S. Ostby and was sentenced on one count of violating the Bald and Golden Eagle Protection Act. HUGS was sentenced to the following:
Six (6) months in the custody of the Bureau of Prisons
One (1) year of Supervised Release
Special Assessment Fee
Marc LITTLE LIGHT On March 8, 2012, Marc LITTLE LIGHT appeared before U.S. Magistrate Judge Carolyn S. Ostby and was sentenced on one count of violating the Migratory Bird Treaty Act. LITTLE LIGHT was sentenced to the following:
One (1) year of Probation
Fine
Special Assessment Fee
William E. HUGS Jr. On May 2, 2012, William E. HUGS Jr. appeared before Chief U.S. District Court Judge Richard F. Cebull and was sentenced on five (5) counts of violating the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act. HUGS Jr., was sentenced to the following:
Time served in custody (Jan 9, 2012 through May 2, 2012)
Three (3) years of Supervised Release
Payment of $500.00 Special Assessment Fee
Gilbert G. WALKS Jr. On May 4, 2012, Gilbert G. WALKS Jr. appeared before Chief U.S. District Court Judge Richard F. Cebull and was sentenced on four (4) counts of violating the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act. WALKS Jr., was sentenced to the following:
Twenty-four (24) months in the custody of the Bureau of Prisons
One (1) year of Supervised Release
Community Service
Payment of $400.00 Special Assessment Fee
William E. HUGS Sr. On June 13, 2012, William E. HUGS Sr. appeared before Chief U.S. District Court Judge Richard F. Cebull and was sentenced on one (1) count of violating the Bald and Golden Eagle Protection Act. HUGS Sr., was sentenced to the following:
Eighteen (18) months in the custody of the Bureau of Prisons
Three (3) years of Supervised Release
Payment of $500.00 Special Assessment Fee
Law enforcement is essential to virtually every aspect of wildlife conservation. The U.S. Fish and Wildlife Service Office of Law Enforcement contributes to Service efforts to manage ecosystems, save endangered species, conserve migratory birds, preserve wildlife habitat, restore fisheries, combat invasive species, and promote international wildlife conservation.
U.S. Fish and Wildlife Service law enforcement today focuses on potentially devastating threats to wildlife resources -- illegal trade, unlawful commercial exploitation, habitat destruction, and environmental contaminants. The Office of Law Enforcement investigates wildlife crimes, regulates wildlife trade, helps Americans understand and obey wildlife protections laws, and works in partnership with international, state, and tribal counterparts to conserve wildlife resources.
When fully staffed, the Office of Law Enforcement includes 261 special agents and some 140 wildlife inspectors.
Rodrick D. Gant 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 February 13, 2013, before Chief U.S. District Judge Richard F. Cebull, RODRICK D. GANT, a 23-year-old resident of Billings, was sentenced to a term of:
Prison: 106 months
Special Assessment: $300
Supervised Release: 5 years
GANT was sentenced after a federal district court trial in which he was found guilty of conspiracy to commit robbery affecting interstate commerce, possession of a firearm in furtherance of a crime of violence, and possession of a firearm by a person convicted of domestic abuse.
Assistant U.S. Attorney Marcia K. Hurd prosecuted the case for the United States.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that GANT will likely serve all of the time imposed by the court. In the federal system, GANT does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Logan Quinn Sandau 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 February 12, 2013, before U.S. District Judge Sam E. Haddon, LOGAN QUINN SANDAU, a 24-year-old resident of Poplar and an enrolled member of a federally recognized tribe, appeared for sentencing. SANDAU was sentenced to a term of:
Prison: 45 months
Special Assessment: $200
Supervised Release: 3 years
SANDAU was sentenced in connection with his guilty plea to assault with a dangerous weapon and assault resulting in serious bodily injury.
In an Offer of Proof filed by Assistant U.S. Attorneys Laura B. Weiss and Ryan G. Weldon, the government stated it would have proved at trial the following:
On June 9, 2012, SANDAU struck J.W.S. with his car outside a residence on the Fort Peck Indian Reservation. The victim suffered multiple leg fractures, a torn ACL and underwent orthopedic and skin grafting procedures.
The victim was with his brother the day of the offense. They arrived at their cousin's house. Words were exchanged between SANDAU and the victim, resulting in SANDAU threatening to kill the victim. The victim then began punching SANDAU. SANDAU fell, then jumped up and ran to the driver's side of his vehicle. He hopped in and accelerated around the house. The victim did not chase him. SANDAU began driving down the alley toward the victim, who was standing near the house. SANDAU first slowed down when he approached, then suddenly hit the gas and struck the victim, pinning him against the house. Several eye witnesses saw this event transpire and identified SANDAU as the driver.
The victim suffered multiple injuries, including several leg fractures, a torn ACL, cut tendons requiring surgery, and skin grafts.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that SANDAU will likely serve all of the time imposed by the court. In the federal system, SANDAU 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 Tribes Criminal Investigation Division, and the Poplar Police Department.
Heather Louise Manyen 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 February 13, 2013, before Chief U.S. District Judge Richard F. Cebull, HEATHER LOUISE MANYEN, a 32-year-old resident of Laurel, pled guilty to conspiracy to possess methamphetamine with intent to distribute and distribute. Sentencing has been set for May 16, 2013. She is currently released on special conditions.
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 are awaiting sentencing.
MANYEN faces possible penalties of a mandatory minimum of 5 years and could be sentenced to 40 years, a $5,000,000 fine, and 5 years supervised release.
The investigation was conducted by the Billings Big Sky Safe Streets Task Force and High Intensity Drug Trafficking Area (HIDTA) Task Force.
Abel “Alex” Alvarez 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 February 12, 2013, before U.S. Magistrate Judge Keith Strong, ABEL "ALEX" ALVAREZ, a 51-year-old resident of Box Elder, pled guilty to aggravated sexual abuse. A sentencing date will be set at a later time. 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:
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.
ALVAREZ faces possible penalties of life in prison, a $250,000 fine and lifetime supervision.
The investigation was conducted by the Federal Bureau of Investigation.
Waylon Ronald Burns 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 February 12, 2013, before Chief U.S. District Judge Richard F. Cebull, WAYLON RONALD BURNS, a 35-year-old resident of Lame Deer and an enrolled member of the Northern Cheyenne Tribe, pled guilty to attempted aggravated sexual abuse. Sentencing has been set for May 15, 2013. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Lori Harper Suek, the government stated it would have proved at trial the following:
On 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.
BURNS faces possible penalties of life in prison, a $250,000 fine and lifetime supervision.
The investigation was conducted by the Bureau of Indian Affairs.
Logan Quinn Sandau 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 February 12, 2013, before U.S. District Judge Sam E. Haddon, LOGAN QUINN SANDAU, a 24-year-old resident of Poplar and an enrolled member of a federally recognized tribe, appeared for sentencing. SANDAU was sentenced to a term of:
Prison: 46 months
Special Assessment: $200
Supervised Release: 3 years
SANDAU was sentenced in connection with his guilty plea to assault with a dangerous weapon and assault resulting in serious bodily injury.
In an Offer of Proof filed by Assistant U.S. Attorneys Laura B. Weiss and Ryan G. Weldon, the government stated it would have proved at trial the following:
On June 9, 2012, SANDAU struck J.W.S. with his car outside a residence on the Fort Peck Indian Reservation. The victim suffered multiple leg fractures, a torn ACL and underwent orthopedic and skin grafting procedures.
The victim was with his brother the day of the offense. They arrived at their cousin's house. Words were exchanged between SANDAU and the victim, resulting in SANDAU threatening to kill the victim. The victim then began punching SANDAU. SANDAU fell, then jumped up and ran to the driver's side of his vehicle. He hopped in and accelerated around the house. The victim did not chase him. SANDAU began driving down the alley toward the victim, who was standing near the house. SANDAU first slowed down when he approached, then suddenly hit the gas and struck the victim, pinning him against the house. Several eye witnesses saw this event transpire and identified SANDAU as the driver.
The victim suffered multiple injuries, including several leg fractures, a torn ACL, cut tendons requiring surgery, and skin grafts.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that SANDAU will likely serve all of the time imposed by the court. In the federal system, SANDAU 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 Tribes Criminal Investigation Division, and the Poplar Police Department.
Jordan Gerald Lee Jackson 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 February 11, 2013, before U.S. District Judge Sam E. Haddon, JORDAN GERALD LEE JACKSON, a 25-year-old resident of Heart Butte and an enrolled member of the Blackfeet Tribe, appeared for sentencing. JACKSON was sentenced to a term of:
Prison: 30 months
Special Assessment: $100
Supervised Release: 2 years
JACKSON was sentenced in connection with his guilty plea to assault resulting in serious bodily injury.
In an Offer of Proof filed by Assistant U.S. Attorney Laura B. Weiss, the government stated it would have proved at trial the following:
On June 18, 2011, victim "C.A." was picked up by his cousin, JACKSON, in Great Falls. JACKSON was driving a blue van. Two other individuals were also in the van and everyone was drinking alcohol. When asked about alcohol consumption, JACKSON said, "I'm not sure how much I drank, but it was a lot."
By the time they arrived in Heart Butte, it was dark. C.A. then departed from Heart Butte with JACKSON. JACKSON indicated he was "really drunk," swerved off the road but laughed it off and kept going. The vehicle went off the road again, flipped over and ultimately landed upside down with the victim still strapped in the passenger seat.
A passerby cut the victim out of the passenger side as the victim was bleeding and yelling that he couldn't feel his arm. The victim was transported via ambulance to the Blackfeet Emergency Room. The nurse noted the following about C.A.'s right arm: "very badly evulsion to point of almost amputation." He was transferred via helicopter to Great Falls then to Harborview Medical Center in Seattle, Washington. He underwent three surgical procedures, including a skin graft.
Approximately an hour after the rollover, JACKSON was taken to the emergency room in Browning where his BAC was found to be .20.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that JACKSON will likely serve all of the time imposed by the court. In the federal system, JACKSON does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Federal Bureau of Investigation, the Montana Highway Patrol, and the 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 February 11, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, the following individuals were arraigned:
BENJAMIN QUINN McCHESNEY, a 35-year-old resident of Billings, appeared on charges of kidnaping and kidnaping involving a minor. If convicted of these charges, McCHESNEY faces possible penalties of life in prison, a $250,000 fine, and 5 years supervised release on each count. McCHESNEY also appeared on charges of conspiracy to use firearms during and in relation to a drug trafficking crime, theft of firearms from a licensed dealer, theft of firearms in interstate commerce, and possession of stolen firearms. If convicted of these charges, McCHESNEY faces possible penalties of 20 years in prison, a $250,000 fine, and 3 years supervised release on the first count, and 10 years in prison for each of the remaining three counts. Special Assistant U.S. Attorney Ed Zink is the prosecutor for the United States. The investigation was a cooperative effort between the Billings Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the United States Marshals Service.
The defendant pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Danny Thomas Fox 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 February 12, 2013, before U.S. District Judge Sam E. Haddon, DANNY THOMAS FOX, a 25-year-old resident of Poplar, appeared for sentencing. FOX was sentenced to a term of:
Prison: 35 months
Special Assessment: $100
Forfeiture: shotgun
Supervised Release: 3 years
FOX was sentenced in connection with his guilty plea to being a felon-in-possession of a firearm.
In an Offer of Proof filed by Assistant U.S. Attorney Laura B. Weiss, the government stated it would have proved at trial the following:
On July 11, 2012, FOX, a convicted felon, was spotted by Fort Peck law enforcement standing by a vehicle with a shotgun in the middle of the night. He dropped the shotgun and began to run. Law enforcement pursued him, ultimately arresting him and securing the shotgun.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that FOX will likely serve all of the time imposed by the court. In the federal system, FOX 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 Poplar Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Linda Reynolds 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 February 11, 2013, before U.S. District Judge Sam E. Haddon, LINDA REYNOLDS, a 63-year-old resident of Great Falls, was sentenced to a term of:
Prison: 262 months
Special Assessment: $100
Supervised Release: 5 years
REYNOLDS was sentenced in connection with her guilty plea to conspiracy to possess with intent to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica A. Betley, the government stated it would have proved at trial the following:
In July 2012, detectives from the Great Falls Police Department became alerted to a potential methamphetamine distribution ring in Great Falls. Detectives believed the methamphetamine was being brought to Montana from somewhere near Spokane, Washington.
On September 6, 2012, police received information from an anonymous caller, who stated REYNOLDS was dealing methamphetamine out of her apartment in Great Falls. The caller had purchased methamphetamine a few times from REYNOLDS in half-gram quantities. Police also spoke to additional witnesses who stated they received their methamphetamine supply from REYNOLDS.
Based on this information, police executed a search warrant at REYNOLDS' apartment that same day. REYNOLDS agreed to speak with police. She said there were drugs in the back bedroom and she currently possessed two ounces of methamphetamine. REYNOLDS explained she began dealing methamphetamine in July and she received her supply of methamphetamine from Joe and Ann Wetzel. She stated she received one ounce in July, an additional ounce in late August, and had just received the two ounces she had in her possession. REYNOLDS received methamphetamine from Mark Knesss. According to REYNOLDS, Kness brought his drug dealer, Louis Kanyid, to REYNOLDS' apartment in the winter of 2012. Kanyid regularly went by "Washington" in Great Falls, because he traveled from the state of Washington. REYNOLDS observed methamphetamine deals between Kness and Kanyid, and Kness would brag about how the methamphetamine was of great quality.
Sometime in July 2012, REYNOLDS heard Kanyid was back in Great Falls. REYNOLDS told police that she then contacted Joe and Ann Wetzel directly to get methamphetamine. Joe and Ann Wetzel had told REYNOLDS they were directly supplied by Kanyid. REYNOLDS paid Joe and Ann Wetzel $1,700 per ounce of methamphetamine. She then resold the methamphetamine for $3,700 per ounce and paid the Wetzels $1,000 for facilitating the deal. Law enforcement seized over 50 grams of actual (pure) methamphetamine in their investigation.
Kanyid, Kness, Joe and Ann Wetzel pled guilty to federal charges.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that REYNOLDS will likely serve all of the time imposed by the court. In the federal system, REYNOLDS 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 Russell County Drug Task Force.
Elizabeth Medicine Top 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 February 6, 2013, before Chief U.S. District Judge Richard F. Cebull, ELIZABETH MEDICINE TOP, a 47-year-old resident of Lame Deer, appeared for sentencing. MEDICINE TOP was sentenced to a term of:
Probation: 3 years
Special Assessment: $100
Restitution: $5,144
MEDICINE TOP was sentenced in connection with her guilty plea to theft of government money.
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:
On November 15, 2007, at the Social Security Administration office in Billings, MEDICINE TOP applied for Old Age, Survivor, and Disability Insurance (OASDI) auxiliary benefits for two of her children, JTF and CMT. MEDICINE TOP also applied to be a representative payee for JTF and CMT. MEDICINE TOP represented on the applications that both JTF and CMT lived with her.
In truth MEDICINE TOP had not lived with either JTF or CMT since June 2007, when MEDICINE TOP left the two children with her oldest daughter, JL, in Utah. JTF and CMT continued to live with JL and other family members until February 2008, when MEDICINE TOP retrieved JTF and CMT and moved them to MEDICINE TOP's home in Montana.
MEDICINE TOP lived with JTF and CMT until January 17, 2009, when the children went to live with MEDICINE TOP's nephew, JFH. JTF and CMT continued to live with JFH and his wife until at least May 2009.
On January 11, 2011, MEDICINE TOP was interviewed and acknowledged that she applied for OASDI benefits for JTF and CMT. MEDICINE TOP acknowledged that she knew she should have reported that JTF and CMT were not in her custody from October 2007 to January 2008, as she was receiving their benefits while the two girls were not in her care and custody. MEDICINE TOP also admitted that in January 2009, that JTF and CMT went to live with JFH, but MEDICINE TOP nevertheless continued to collect benefits on the children's behalf.
The investigation was conducted by the Social Security Administration - Office of Inspector General.
Informational: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on February 8, 2013, before U.S. Magistrate Judge Keith Strong, the following individuals were arraigned:
SAM VERNON WINDY BOY, JR., a 68-year-old resident of Box Elder, appeared on charges of aggravated sexual abuse and abusive sexual contact. He is currently detained. If convicted of these charges, WINDY BOY faces possible penalties of life in prison, a $250,000 fine, and lifetime supervision. Assistant U.S. Attorney Laura B. Weiss is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
LOUIS MICHAEL HEALY, a 40-year-old resident of Hays, appeared on charges of assault resulting in serious bodily injury, assault with a dangerous weapon, aggravated sexual abuse, and abusive sexual contact. He is currently detained. If convicted of these charges, HEALY faces possible penalties of life in prison, a $250,000 fine, and lifetime supervision. Assistant U.S. Attorney Jessica A. Betley is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
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.
Jason Owen Gierke 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 February 7, 2013, before Chief U.S. District Judge Richard F. Cebull, JASON OWEN GIERKE, a 51-year-old resident of Miles City, appeared for sentencing. He was sentenced to a term of:
Prison: 15 days (credit for time served)
Special Assessment: $100
Supervised Release: 3 years
He was sentenced in connection with his guilty plea to conspiring to maintaining drug involved premises.
In an Offer of Proof filed by Assistant U.S. Attorney Paulette L. Stewart, the government stated it would have proved at trial the following:
In approximately March of 2011, law enforcement received a complaint that Ross Pattison and Travis Birdinground were distributing marijuana to numerous people in Hardin and other places in Big Horn County. Through investigation and interviews, law enforcement determined that Pattison possessed a Montana medical marijuana card but was not listed as a caregiver because he is a convicted felon. Law enforcement also determined that Birdinground worked for Pattison delivering marijuana. Birdinground also possessed a medical marijuana card and was a caregiver for only one patient. Law enforcement observed Birdinground leave Pattison's residence numerous times a night and make trips to several residences within Hardin. Law enforcement also observed several individuals drive to Pattison's residence to purchase marijuana from Pattison.
On April 22, 2011, law enforcement executed search warrants for Pattison's Hardin residence and two pickup trucks. Law enforcement seized approximately five pounds of marijuana, approximately $124,000 in cash, digital scales, a paper grocery bag full of zip-lock bags, a methamphetamine pipe with residue, hashish, and photocopies of patient medical marijuana cards for marijuana caregivers GIERKE, Brandon Strecker, Birdinground and another individual.
On May 23, 2011, law enforcement executed a search warrant at Strecker's Hardin residence. Law enforcement seized a total of 420 marijuana plants - 112 marijuana plants in the attached garage, 239 marijuana plants in the bedroom, one plant in the living room, 68 in the greenhouse and shed. They also seized loose marijuana.
Several witnesses confirmed that Pattison would take and receive orders for marijuana and GIERKE, Birdinground, and another individual would deliver marijuana to the buyers. Several witnesses will testify that after Ross Pattison's house was searched, all deliveries were then made by Strecker or the others.
During an interview with law enforcement on April 22, 2011, Birdinground admitted his role in the conspiracy to distribute marijuana from Pattison's and Strecker's Hardin residences. The marijuana that he possessed on April 22, 2011, was marijuana that he was delivering for Pattison and Strecker. The marijuana was ordered through Pattison. Birdinground would pick up the marijuana from Pattison and give Pattison the money after the transaction. Pattison and Strecker paid Birdinground $800 every two weeks.
During an interview with law enforcement on May 25, 2011, GIERKE stated that he helped set up the greenhouses and watering system as part of the marijuana grow operation at Strecker's Hardin residence. GIERKE obtained his marijuana from Pattison and Strecker. GIERKE, Pattison, and Strecker were "business partners." Pattison put it all together and they grew the marijuana at Strecker's residence.
Chemists with the DEA laboratory in San Francisco tested the marijuana items submitted from the search of Strecker's residence. Some of the items were plant clippings as well as loose marijuana. The result of the analysis was that those items contained a detectable amount of marijuana, a Schedule I controlled substance.
Strecker, Pattison, and Birdinground pled guilty to federal charges and are awaiting sentencing.
The investigation was a cooperative effort between the Drug Enforcement Administration, the Montana Division of Criminal Investigation.
Informational: Federal Court Initial AppearanceRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on February 6, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, the following individual appeared:
MARY AGNES LEIDER, a 24-year-old resident of St. Xavier, made an initial appearance on a complaint alleging second degree murder. She is currently detained. If charged with this offense, LEIDER faces possible penalties of life in prison, a $250,000 fine and 5 years supervised release. Assistant U.S. Attorney Marcia K. Hurd is the prosecutor for the United States. The investigation was a cooperative effort between the Federal Bureau of Investigation, the Bureau of Indian Affairs, and the Big Horn County Sheriff's Office.
A complaint is merely a written statement of the essential facts constituting the offense charged.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on February 5, 2013, before U.S. Magistrate Judge Keith Strong, the following individual was arraigned:
HIRAM EVANS, a resident of Browning, appeared on charges of aggravated sexual abuse and sexual abuse. He is currently detained. If convicted of these charges, EVANS faces possible penalties of life in prison, a $250,000 fine, and lifetime supervision. Assistant U.S. Attorney Ryan G. Weldon is the prosecutor for the United States. The investigation was a cooperative effort between the Federal Bureau of Investigation and the 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.