FOR IMMEDIATE RELEASE
Friday, April 18, 2008
ROBERT THOMAS MARTINEZ 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 17, 2008, before U.S. District Judge Richard F. Cebull, ROBERT THOMAS MARTINEZ, age 23, appeared for sentencing. MARTINEZ was sentenced to a term of:
- Prison: 50 months
- Special Assessment: $100
- Supervised Release: 3 years
MARTINEZ was sentenced in connection with his guilty plea to possession of an unregistered firearm.
In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:
On November 16, 2006, Big Horn County Sheriff's deputies were sent to a residence in Hardin in response to a reported disturbance. Upon arriving, they located MARTINEZ and others outside. The deputies observed that MARTINEZ had the appearance of someone who had been in an altercation and he appeared injured. MARTINEZ said his shoulder was hurt and he asked if he could go inside. MARTINEZ invited a deputy to accompany him.
A deputy went inside with MARTINEZ and observed illegal drugs in plain view. The residence was then secured until a search warrant could be obtained and executed. More drug paraphernalia and a Stevens Model 67 20 ga. sawed-off shotgun with a sawed-off barrel length of about 14 inches were recovered during the search.
When questioned, MARTINEZ admitted purchasing the shotgun a few months earlier and also stated that he knew it was too short and illegal.
A review of the National Firearms Registration and Transfer Records found that no gun had been registered by MARTINEZ.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that MARTINEZ will likely serve all of the time imposed by the court. In the federal system, MARTINEZ does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
Special Assistant U.S. Attorney Ed Zink prosecuted the case for the United States.
The investigation was a cooperative effort between the Big Horn County Sheriff's Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
