FOR IMMEDIATE RELEASE
Thursday, July 10, 2008
DERRICK LAMONT DAVIS 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 July 10, 2008, before U.S. District Judge Donald W. Molloy, DERRICK LAMONT DAVIS, a 23-year-old resident of Los Angeles, California, appeared for sentencing. DAVIS was sentenced to a term of:
- Prison: 6 months (time served)
- Special Assessment: $100
- Community Service: 300 hours
- Supervised Release: 6 years
DAVIS was sentenced in connection with his guilty plea to distribution of cocaine to a person under the age of 21.
In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:
On June 12, 2006, officers of the Missouri River Drug Task Force (MRDTF) were investigating the illegal distribution of cocaine in Bozeman. Based on a report by a confidential informant, the officers believed DAVIS would sell cocaine to the confidential informant.
The informant, who was over the age of 18, but less than 21 years of age, contacted DAVIS, who agreed to sell approximately one-eighth of an ounce of cocaine to the informant. The officers then fitted the informant with a "body-wire" which would record any conversation to which the informant was a party.
Under the surveillance of the officers, the informant then proceeded to DAVIS' residence. There, DAVIS distributed purported cocaine to the informant in exchange for $200. The informant left DAVIS' residence and provided the purported cocaine to the officers.
The purported cocaine was submitted to the Montana State Crime Lab for chemical analysis. A forensic chemist performed a chemical analysis of the purported cocaine and concluded it consisted of approximately 3.4 grams of a substance or mixture containing a detectable amount of cocaine, a Schedule II controlled substance.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that DAVIS will likely serve all of the time imposed by the court. In the federal system, DAVIS 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 Joseph E. Thaggard prosecuted the case for the United States.
The investigation was a cooperative effort between the Missouri River Drug Task Force and the Federal Bureau of Investigation.
