FOR IMMEDIATE RELEASE
Thursday, November 08, 2007
KEVIN DUANE JOHNSON 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 8, 2007, before Chief U.S. District Judge Donald W. Molloy, KEVIN DUANE JOHNSON, a 46-year-old resident of Missoula, appeared for sentencing. JOHNSON was sentenced to a term of:
- Prison: 120 months
- Special Assessment: $100
- Supervised Release: 5 years
JOHNSON was sentenced in connection with his guilty plea to conspiracy to possess with the intent to distribute methamphetamine.
In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:
On July 19, 2005, Michael Avrin was stopped on the interstate near Missoula and ultimately searched. In his possession, officers found approximately 400 grams of methamphetamine. The drugs were sent to the DEA lab for analysis and they returned a report showing that of the 400 grams seized, approximately 216 grams were of pure methamphetamine. Avrin named JOHNSON as the person to whom the methamphetamine was bound.
Officers began to investigate JOHNSON. One woman stated to officers that she bought methamphetamine from JOHNSON many times, and had seen 12 ounces of methamphetamine, packaged in one ounce bags in JOHNSON'S possession on one occasion.
When JOHNSON was arrested, officers found drug paraphernalia in JOHNSON'S vehicle, including a glass pipe and "pay and owe" sheets. When questioned, JOHNSON admitting purchasing methamphetamine from Avrin and admitted also that the methamphetamine Avrin was caught with was bound for him.
Avrin pled guilty to and was sentenced on federal charges.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that JOHNSON will likely serve all of the time imposed by the court. In the federal system, JOHNSON 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 Drug Enforcement Administration.
