FOR IMMEDIATE RELEASE
Wednesday, March 05, 2008
MICHAEL WILLIAM LUCAS SMITH 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 March 5, 2008, before Senior U.S. District Judge Jack D. Shanstrom, MICHAEL WILLIAM LUCAS SMITH, a 29-year-old resident of Billings, appeared for sentencing. SMITH was sentenced to a term of:
- Prison: 31 months
- Special Assessment: $100
- Supervised Release: 3 years
SMITH was sentenced in connection with his guilty plea to failure to register as a sexual offender.
In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:
In January 1999, SMITH was sentenced to a term of thirty-six months of probation with 42 days of jail time, following a conviction for rape in the third degree, in Polk County Court, Oregon. SMITH was also convicted of rape in the third degree on October 27, 2006, in Polk County Court, Oregon. SMITH was sentenced to 15 months incarceration followed by a term of supervision of five years less his prison time.
Based upon his convictions, SMITH is required to register as a sexual offender under the Sexual Offender Registration and Notification Act and was aware of his registration requirement as he was advised by the Probation Office and had registered in Oregon.
SMITH was released from prison on July 26, 2007. SMITH last filled out a sexual offender registration form on August 2, 2007, in Oregon, wherein he notified the county of his registration address. He also was informed that he needed to provide written notice of any change in address.
SMITH ultimately traveled to Montana shortly thereafter, where he resided first in the Lavina area and then in the Billings area at 1021 Custer Avenue. SMITH failed to register at any time in Montana from his arrival date in August of 2007 until he was arrested on an outstanding warrant for a parole violation out of Oregon, on September 25, 2007. The violation alleges that SMITH failed to fulfill the conditions of his supervision following his release from prison.
The Montana Sexual and Violent Offender Registry confirmed that SMITH did not register as required by law and the Yellowstone County Sheriff's Office also verified that he had not registered through their office. SMITH was required to register under the Sexual Offender Registration and Notification Act due to his conviction or convictions for rape in the third degree. The Montana Sexual and Violent Offender Registry confirms that SMITH is currently out of compliance with Montana's Sexual Offender Registry requirements and has been so since entering Montana in approximately August of 2007.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that SMITH will likely serve all of the time imposed by the court. In the federal system, SMITH 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 Marcia K. Hurd prosecuted the case for the United States.
The investigation was conducted by the United States Marshals Service.
