FOR IMMEDIATE RELEASE
Friday, May 30, 2008
ASHLEY NELSON and SETH AMOS NELSON 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 May 29, 2008, before U.S. District Judge Sam E. Haddon, ASHLEY NELSON, age 21, and SETH AMOS NELSON, age 29, residents of Great Falls, appeared for sentencing.
ASHLEY NELSON was sentenced to a term of:
- Prison: 63 months
- Special Assessment: $100
- Restitution: $2,703.60
- Supervised Release: 3 years
SETH NELSON was sentenced to a term of:
- Prison: 188 months
- Special Assessment: $200
- Restitution: $2,703.60
- Supervised Release: 6 years
ASHLEY NELSON was sentenced in connection with her guilty plea to manufacturing methamphetamine.
SETH AMOS NELSON was sentenced in connection with his guilty plea to conspiracy to manufacture methamphetamine and being a felon-in-possession of firearms.
In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:
In 2002, SETH NELSON was convicted and sentenced for possession of a sawed-off shotgun in the United States District Court, and therefore, was prohibited from possessing a firearm. He is also currently on probation or parole for state felony offenses.
In August of 2007, SETH NELSON, ASHLEY NELSON, and their young children were living in Great Falls.
On August 3, 2007, SETH NELSON'S probation officer, assisted by officers of the Central Montana Drug Task Force, searched the NELSON residence. When the officers arrived, they found ASHLEY NELSON in the home. The couple's young children were also in the home. SETH NELSON was at work.
The officers recovered various items used to manufacture methamphetamine in the home, including Acetone, drain cleaner, muriatic acid, striker pads from matchbooks (a source of red phosphorus), Coleman fuel, and suspected iodine.
Also recovered during the search of the residence was a Raven Arms, Model P-25, .25 caliber pistol. A Taurus, Model PT-140, .40 caliber pistol was found in SETH NELSON'S vehicle.
When interviewed, ASHLEY NELSON admitted that the home contained materials used to manufacture methamphetamine. She also admitted that she and SETH NELSON had manufactured methamphetamine about five times over the preceding six months.
SETH NELSON was summoned to return to the residence. When questioned, he admitted that he and ASHLEY NELSON had manufactured methamphetamine in the residence approximately five times over the preceding four months. He also admitted that he was aware the .25 caliber pistol was in the residence and the .40 caliber pistol was in his vehicle.
Both Nelsons were arrested on state drug charges. While he was incarcerated, SETH NELSON admitted to another inmate that his children had been exposed to noxious byproducts from the methamphetamine manufacturing process used in this case.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that they will likely serve all of the time imposed by the court. In the federal system, they do 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 Joseph E. Thaggard prosecuted the case for the United States.
The investigation was a cooperative effort between the U.S. Immigration and Customs Enforcement and the Central Montana Drug Task Force.
