FOR IMMEDIATE RELEASE
Friday, February 08, 2008
BRYAN JOSEPH BRUBAKER 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 February 8, 2008, before Chief U.S. District Judge Donald W. Molloy, BRYAN JOSEPH BRUBAKER, a 44-year-old resident of Missoula, appeared for sentencing. BRUBAKER was sentenced to a term of:
- Prison: 10 months
- Community Service: 100 hours
- Special Assessment: $100
- Supervised Release: 3 years
BRUBAKER was sentenced in connection with his guilty plea to distribution of Oxycodone.
In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:
In 2004 in Missoula, BRUBAKER met an individual, hereafter referred to as "John Doe", who was addicted to Oxycodone. "John Doe" would have testified that BRUBAKER had a prescription for Oxycodone and that he had purchased Oxycodone from BRUBAKER sporadically over a period of time between approximately January of 2004 and March 19, 2005.
Evidence would have been presented to show that BRUBAKER did, in fact, have a prescription for Oxycodone during the period of January 2004 to March 19, 2005.
Further evidence would have shown that "John Doe" placed telephone calls to BRUBAKER'S telephone during the period of January 2004 to March 19, 2005.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that BRUBAKER will likely serve all of the time imposed by the court. In the federal system, BRUBAKER 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 Joseph E. Thaggard prosecuted the case for the United States.
The investigation was a cooperative effort between the Missoula Police Department and the Drug Enforcement Administration in Missoula.
