FOR IMMEDIATE RELEASE
Thursday, March 20, 2008
MICHAEL WAYNE GRAY 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 March 20, 2008, before U.S. District Judge Sam E. Haddon, MICHAEL WAYNE GRAY, a 39-year-old resident of Great Falls, appeared for sentencing. GRAY was sentenced to a term of:
- Prison: 16 months, concurrent with another sentence
- Special Assessment: $100
- Supervised Release: 2 years
GRAY was sentenced in connection with his guilty plea to providing ammunition to a known convicted felon.
In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:
On December 15, 2006, using a confidential informant, agents of the Central Montana Drug Task Force (CMDTF), bought a small amount of marijuana from Curtis Graham.
On December 19, 2006, a CMDTF agent met again with the informant regarding marijuana to be delivered to the informant's residence. The informant placed two recorded telephone calls to GRAY, arranging the sale of a pound of marijuana to be conducted that evening.
Later on December 19, 2006, Graham was observed by CMDTF agents entering the informant's residence. Shortly after Graham arrived, agents observed GRAY arrive at the residence driving a silver Ford Taurus, Montana license plate, "MR GRAY."
CMDTF agents then confronted Graham. Graham advised officers that he was armed with a loaded 9mm pistol in his waistband. One of the agents retrieved the firearm, a Taurus Model PT-92AF, 9mm handgun, and ammunition from Graham and placed him under arrest.
Graham provided a statement to CMDTF agents regarding the marijuana purchase and the firearm located on his person. According to Graham, the firearm was purchased by GRAY at a pawn shop in Great Falls. Graham stated that he and GRAY discussed bringing the firearm to the narcotic transaction and that GRAY purchased ammunition at Wal-Mart that same day. CMDTF agents were able to obtain surveillance video from Wal-Mart which displayed GRAY purchasing ammunition on December 19, 2006. A receipt for this 100 count 9mm ammunition was located in Graham's front pocket during a search of Graham. During a search of GRAY'S residence, agents found a box of 9mm ammunition and recovered several rounds from the firearm taken from Graham.
On December 28, 2002, Graham was convicted of forgery, a felony crime, in the State of Missouri. Graham would have testified that GRAY knew that he was a convicted felon and that is the reason GRAY bought the ammunition. GRAY also admitted that he knew Graham was a convicted felon prior to giving Graham the ammunition.
GRAY admitted giving ammunition to Graham under oath and in open court on two occasions.
Graham pled guilty to federal charges and has been sentenced.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that GRAY will likely serve all of the time imposed by the court. In the federal system, GRAY 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 Carl E. Rostad prosecuted the case for the United States.
The investigation was a cooperative effort between the Central Montana Drug Task Force and the U.S. Immigration and Customs Enforcement.
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."
