FOR IMMEDIATE RELEASE
Friday, May 16, 2008
ROBERT ORVILLE HERBAUGH 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 Missoula, on May 16, 2008, before U.S. District Judge Donald W. Molloy, ROBERT ORVILLE HERBAUGH, a resident of Missoula County, appeared for sentencing. HERBAUGH was sentenced to a term of:
- Prison: 37 months
- Special Assessment: $100
- Supervised Release: 3 years
HERBAUGH was sentenced in connection with his guilty plea to being a felon-in-possession of a firearm.
In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:
On March 29, 2005, HERBAUGH was convicted of failure to register as a sex offender, a felony, in the Fourth Judicial District Court, Missoula County, State of Montana.
On December 29, 2005, HERBAUGH was in possession of five firearms while on felony supervision. Montana Probation and Parole officers received a complaint that HERBAUGH possessed firearms in his storage shed. During a search of his residence, they recovered two firearms from his residence and three firearms and several rounds of ammunition from his storage shed.
When questioned, HERBAUGH admitted to the possession and ownership of all five firearms.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that HERBAUGH will likely serve all of the time imposed by the court. In the federal system, HERBAUGH 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 Montana Probation and Parole and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
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."
