FOR IMMEDIATE RELEASE
Friday, January 18, 2008
ROBERT THOMAS MARTINEZ PLEADS GUILTY IN U.S. FEDERAL COURT
Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Billings on January 18, 2008, before U.S. District Judge Richard F. Cebull, ROBERT THOMAS MARTINEZ, age 23, pled guilty to possession of an unregistered firearm. Sentencing is set for April 17, 2008. He is currently detained.
In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:
On November 16, 2006, Big Horn County Sheriff's deputies were sent to a residence in Hardin in response to a reported disturbance. Upon arriving, they located MARTINEZ and others outside. The deputies observed that MARTINEZ had the appearance of someone who had been in an altercation and he appeared injured. MARTINEZ said his shoulder was hurt and he asked if he could go inside. MARTINEZ invited a deputy to accompany him.
A deputy went inside with MARTINEZ and observed illegal drugs in plain view. The residence was then secured until a search warrant could be obtained and executed. More drug paraphernalia and a Stevens Model 67 20 ga. sawed-off shotgun with a sawed-off barrel length of about 14 inches were recovered during the search.
When questioned, MARTINEZ admitted purchasing the shotgun a few months earlier and also stated that he knew it was too short and illegal.
A review of the National Firearms Registration and Transfer Records found that no gun had been registered by MARTINEZ.
MARTINEZ faces possible penalties of 10 years in prison, a $10,000 fine and 3 years supervised release.
Special Assistant U.S. Attorney Ed Zink prosecuted the case for the United States.
The investigation was a cooperative effort between the Big Horn County Sheriff's Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
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A copy of the Offer of Proof can be obtained by contacting Sally Frank at (406) 247-4638.
