FOR IMMEDIATE RELEASE
Thursday, July 24, 2008
HOWARD WAYNE HAMILTON 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 July 24, 2008, before Chief U.S. District Judge Richard F. Cebull, HOWARD WAYNE HAMILTON, a 56-year-old resident of Lame Deer, appeared for sentencing. HAMILTON was sentenced to a term of:
- Prison: 37 months
- Special Assessment: $100
- Supervised Release: 5 years
HAMILTON was sentenced in connection with his guilty plea to possession with the intent to distribute methamphetamine.
In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:
HAMILTON was living in an apartment owned and operated by the Northern Cheyenne Housing Authority. The director of housing at Northern Cheyenne contacted law enforcement with information about HAMILTON dealing drugs from his apartment. The director had received anonymous tips about HAMILTON.
Law enforcement officers conducted surveillance of the apartment and then knocked on the door of the apartment and were invited into the apartment by HAMILTON. The officers told HAMILTON that they had received information that he was dealing drugs from the apartment. HAMILTON initially denied the allegation. However, when asked if he had any drugs, HAMILTON admitted that he had marijuana in his cigarette pack. Two marijuana cigarettes were turned over to the police officers. HAMILTON was then arrested.
During a search of HAMILTON after the arrest, the officers discovered a small plastic container containing methamphetamine. The officers seized additional methamphetamine and marijuana when they searched HAMILTON'S apartment after obtaining a search warrant.
HAMILTON was interviewed by law enforcement and provided a recorded statement. He admitted that he was a distributor of methamphetamine and he identified his supplier of methamphetamine.
The methamphetamine that was seized from HAMILTON was sent to the DEA laboratory for analysis. The lab confirmed that 5.4 grams of methamphetamine was seized from HAMILTON.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that HAMILTON will likely serve all of the time imposed by the court. In the federal system, HAMILTON 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 Lori Harper Suek prosecuted the case for the United States.
The investigation was a cooperative effort between the Bureau of Indian Affairs and the Federal Bureau of Investigation.
