FOR IMMEDIATE RELEASE
Thursday, November 01, 2007
GARRY HAMILTON 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 November 1, 2007, before Chief U.S. District Judge Donald W. Molloy, GARRY HAMILTON, a 53-year-old resident of Calgary, Alberta, appeared for sentencing. HAMILTON was sentenced to a term of:
- Prison: 97 months
- Special Assessment: $100
- Supervised Release: 5 years
HAMILTON was sentenced in connection with his guilty plea to conspiracy to export cocaine and conspiracy to import marijuana.
In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:
In February 2006, Terry Holt was stopped by the Montana Highway Patrol for speeding. After arousing the officer's suspicions, Holt agreed to a search of his car. Inside the officer found approximately 30 kilograms of cocaine, as well as other drugs. Holt ultimately pleaded guilty and was sentenced to 135 months imprisonment.
Law enforcement agents searched his phone and obtained records for it. On the phone they found a number of saved text messages, as well other numbers, many originating in Canada. U.S. authorities contacted Canadian authorities, and the two countries began cooperating in an investigation of those Holt had contacted. The text messages indicated Holt was in contact with the pilot of an aircraft before he was stopped in the United States. Authorities learned that Daniel Tican was the pilot, and from his phone - including its text messages - that both Graham Owen and Garry Hamilton were involved with Tican in some capacity. Specifically to Hamilton, it was clear that Hamilton was directing the operation from afar.
Law enforcement agents in Canada set up surveillance of all three, and remained in contact with law enforcement agents in the United States. On a number of occasions Canadian authorities observed TIcan board Owen's plane and fly toward the United States. They notified U.S. law enforcement who made attempts to track the plane. On at least one of the flights officers were able to follow one of the loads that was dropped off and stop the vehicle. A search revealed the vehicle to be loaded with what was later tested and found to be marijuana.
When questioned, Owen confirmed that Tican had piloted loads of marijuana to the United States for Owen, and cocaine back to Canada for Hamilton. Owen also explained that Hamilton was in the cocaine business, and when Tican flew marijuana to the United States, he would bring Hamilton's cocaine back. Tican, when arrested and questioned, confirmed Hamilton's role.
Owen and Tican pled guilty to federal charges and have been sentenced.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that HAMILTON will likely serve all of the time imposed by the court. In the federal system, HAMILTON 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 Josh Van de Wetering prosecuted the case for the United States.
The investigation was conducted by the Bureau of Immigration and Customs Enforcement.
