FOR IMMEDIATE RELEASE
Friday, August 03, 2007
DAVID BURGERT RE-SENTENCED IN U.S. DISTRICT COURT
Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Missoula, on August 3, 2007, before Chief U.S. District Judge Donald W. Molloy, DAVID BURGERT, a resident of Kalispell, appeared for re-sentencing. BURGERT was sentenced to a term of:
- Prison: 100 months
- Special Assessment: $600
- Supervised Release: 3 years
BURGERT was re-sentenced in connection with his guilty plea to conspiracy to possess illegal firearms, possession of a machine gun and being a felon-in-possession of a firearm, after his original sentence was appealed to the Ninth Circuit Court of Appeals. The sentence was reversed and remanded back to U.S. District Court for re-sentencing.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that BURGERT will likely serve all of the time imposed by the court. In the federal system, BURGERT does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
Assistant U.S. Attorney Kris A. McLean prosecuted this case for the United States.
The investigation was a cooperative effort between the Federal Bureau of Investigation and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
