FOR IMMEDIATE RELEASE
Friday, March 21, 2008
KENNETH DALE GJERSING 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 20, 2008, before Chief U.S. District Judge Richard F. Cebull, KENNETH DALE GJERSING, a 40-year-old resident of Livingston, appeared for sentencing. GJERSING was sentenced to a term of:
- Prison: 24 months
- Special Assessment: $100
- Supervised Release: 3 years
GJERSING was sentenced in connection with his guilty plea to making a false statement during a firearms transaction.
In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:
On January 15, 2007, GJERSING'S former roommate informed the Park County Sheriff's Office that his Hi-Point C-9 9mm automatic pistol had been stolen and that a roommate had located the pistol at a local pawn store in Livingston. The Sheriff's Office investigated the complaint and reviewed the paperwork at the pawn store. Officers discovered that GJERSING had pawned the pistol on December 4, 2006, at the pawn shop in Livingston. The firearm trace indicated that the roommate initially purchased the pistol in 2004.
On February 6, 2007, when questioned by law enforcement, GJERSING admitted that he pawned the pistol but claimed he had his roommate's permission.
On December 15, 2006, GJERSING had attempted to redeem the firearm out of pawn. GJERSING falsely indicated on item 11(h) on ATF Form 4473 that he was not subject to a restraining order. He knew if he answered the question affirmatively that the transaction would be stopped.
On August 21, 2006, a permanent order of protection had been issued from the Yellowstone County Justice Court against GJERSING. The order was issued after GJERSING received actual notice and was present at a hearing held on August 21, 2005. The order was issued after GJERSING allegedly assaulted his domestic partner/live-in girlfriend.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that GJERSING will likely serve all of the time imposed by the court. In the federal system, GJERSING 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 Paulette L. Stewart prosecuted the case for the United States.
The investigation was a cooperative effort between the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Park County Sheriff's Office.
