FOR IMMEDIATE RELEASE
Thursday, April 03, 2008
MICHAEL JUSTIN FOOS 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 April 2, 2008, before Chief U.S. District Judge Richard F. Cebull, MICHAEL JUSTIN FOOS, a 34-year-old resident of Billings, appeared for sentencing. FOOS was sentenced to a term of:
- Prison: 280 months
- Special Assessment: $200
- Supervised Release: 5 years
FOOS was sentenced in connection with his guilty plea to conspiracy to possess with the intent to distribute methamphetamine and the use or possession of a firearm during a drug-trafficking crime or in furtherance of a drug-trafficking crime.
At the sentencing proceeding, the government stated it would have proved at trial the following:
Testimony would have shown that from approximately 2002 to present, FOOS was involved in a conspiracy with several individuals to possess with the intent to distribute over 500 grams of methamphetamine in the Billings area.
Additional testimony would have been presented that on January 26, 2005, FOOS was in possession of a 45 caliber semi-automatic Taurus handgun in furtherance of a drug trafficking crime.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that FOOS will likely serve all of the time imposed by the court. In the federal system, FOOS 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 James E. Seykora prosecuted the case for the United States.
The investigation was a cooperative effort between the Drug Enforcement Administration and the High Intensity Drug Trafficking Area (HIDTA) Task Force.
