FOR IMMEDIATE RELEASE
Wednesday, January 16, 2008
WILLIAM POWELL 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 Billings, on January 16, 2008, before Senior U.S. District Judge Jack D. Shanstrom, WILLIAM POWELL, age 26, appeared for sentencing. POWELL was sentenced to a term of:
- Prison: 24 months
- Special Assessment: $100
- Supervised Release: 3 years
POWELL was sentenced in connection with his guilty plea to possession of an unregistered destructive device not registered in the National Firearms Registration and Transfer Record.
In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:
In early morning hours of April 11, 2006, Montana Department of Criminal Investigation (DCI) agents conducted a monitored and controlled drug buy from POWELL. Following the drug buy, agents stopped POWELL'S vehicle. POWELL was eventually released, but the car was impounded and subsequently searched pursuant to a search warrant.
When the vehicle was searched, agents discovered a pipe bomb (IED) in the center console. The pipe bomb was a destructive device as defined under federal law. At the time of his contact with the agents, POWELL did not inform them of the presence of the destructive device in the vehicle, which was later driven by an agent to the impound yard.
POWELL possesses a federal explosive license, but it does not allow him to make devices of this type, nor has he registered any devices in the National Firearms Registration and Transfer Record (NFA) as required.
On November 27, 2006, agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives interviewed POWELL. In the interview, POWELL admitted to manufacturing the pipe bomb about three days before it was discovered in his vehicle. POWELL said the pipe bomb had nothing to do with his fledgling explosives business, for which he obtained the explosives license, but was instead for personal use. POWELL admitted to making multiple destructive devices, with mixed results. POWELL told the agents that one of his previous explosive devices went off in an unintended fashion, injuring himself.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that POWELL will likely serve all of the time imposed by the court. In the federal system, POWELL does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
Special Assistant U.S. Attorney Ed Zink prosecuted the case for the United States.
The investigation was a cooperative effort between the Montana Department of Criminal Investigation and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
This conviction is yet another important outcome from Project Safe Neighborhoods, a national priority of the United States Department of Justice. PSN is designed as a partnership between federal and local law enforcement to reduce violent crime and gun-related crime through the vigorous enforcement of the criminal provisions of the federal firearms laws. In Montana, the effort under PSN is called "Catch and No Release."
