FOR IMMEDIATE RELEASE
Monday, November 19, 2007
DANIEL ROY NARD 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 Great Falls, on November 16, 2007, before U.S. District Judge Sam E. Haddon, DANIEL ROY NARD, a 36-year-old resident of Albuquerque, New Mexico, appeared for sentencing. NARD was sentenced to a term of:
- Prison: 63 months
- Special Assessment: $100
- Supervised Release: 5 years
NARD was sentenced in connection with his guilty plea to transportation of child pornography.
In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:
On November 30, 2006, an individual in Arenas Valley, New Mexico, hereafter referred to as "L.W.", notified local law enforcement authorities that his 1997 white Ford Taurus had been stolen. "L.W." and his common-law wife, hereafter referred to as "T.B.", reported that their 15-year-old daughter was also missing.
On December 1, 2006, "T.B." filed a runaway complaint regarding her 15-year-old daughter.
The runaway complaint and information about the stolen vehicle was entered into the National Crime Information Center (NCIC) and National Law Enforcement Telecommunications System (NLETS) databases.
On December 2, 2006, a Canadian Border Services Agency (CBSA) officer saw a white car resembling a Ford Taurus with a yellow rear license plate run through the Monchy, Saskatchewan, Port of Entry. The Monchy Port of Entry is directly across from the Morgan, Montana, Port of Entry. The officer observed that the car made no attempt to slow down or stop at the Port of Entry. He contacted the Royal Canadian Mounted Police (RCMP) however they could not locate the car at the time of report.
On December 3, 2006, the Battleford, Saskatchewan, RCMP office received a complaint of theft of gasoline from the gas station in North Battleford. A short time later, the vehicle suspected of the gasoline theft was located, stuck in a ditch on Highway 16, west of Battleford. NARD and the 15-year-old girl were with the car. The RCMP confirmed that this vehicle was involved in the previous fuel theft and that it had been reported stolen in New Mexico. The RCMP placed NARD and the 15-year-old girl under arrest and transported them to Battleford for further investigation.
NARD stated that the 15-year-old girl was his girlfriend and they had decided to move to Canada.
On December 12, 2006, Canadian Immigration authorities issued the 15-year-old girl a deportation order and she was returned to Albuquerque, New Mexico, and the custody of her mother.
On December 28, 2006, NARD was convicted in Canada for failure to report or make application for entry into Canada and was issued a deportation order by Canadian Immigration authorities.
On December 29, 2006, NARD arrived at the Raymond, Montana, Port of Entry upon deportation from Canada and was arrested for transportation of a stolen motor vehicle.
When NARD arrived at the Raymond POE upon deportation from Canada, his briefcase was transported with him but was not in his possession, as it contained contraband. A Canadian immigration investigator recovered NARD'S briefcase as part of his property. The briefcase contained child pornography in the form of sexually explicit photographs of the 15-year-old girl taken by NARD and found on January 11, 2007. There were approximately six photographs of the 15-year-old girl naked (two are posed in the bathtub).
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that NARD will likely serve all of the time imposed by the court. In the federal system, NARD 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 Elizabeth Horsman prosecuted the case for the United States.
The investigation was a cooperative effort between the Royal Canadian Mounted Police and the Canada Border Services Agency in Saskatchewan, and the U.S. Immigration and Customs Enforcement in Great Falls.
