MALCOLM NEW ROBE 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 September 18, 2006, before U.S. District Judge Sam E. Haddon, MALCOLM NEW ROBE, a 20-year-old resident of Browning, appeared for sentencing. NEW ROBE was sentenced to a term of:

* ? Prison: 33 months

* ? Special Assessment: $200

* ? Supervised Release: 3 years

NEW ROBE was sentenced in connection with his guilty plea to involuntary manslaughter.

In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:

On July 1, 2004, NEW ROBE was driving southbound on a two-lane highway near Browning. Patrick Bird and Irving Spotted Bear were passengers in his vehicle.

NEW ROBE and another southbound vehicle began racing. During the course of the race, the two cars "swapped" lanes, with one car sometimes driving southbound in the northbound lane.

As the two vehicles approached the rear of a third southbound vehicle, the third vehicle attempted to move into the northbound lane to avoid hitting a bump in the road. As the third vehicle moved into the northbound lane, it struck the rear end of the vehicle that NEW ROBE had been racing. The collision knocked the two vehicles back into the southbound lane.

NEW ROBE then went into the northbound lane to avoid hitting the two vehicles. However, a fourth car, was also traveling northbound in the northbound lane of traffic. His car collided with NEW ROBE'S car. Bird and Spotted Bear were thrown from the car and died as result of injuries they suffered when thrown from the car.

NEW ROBE survived the accident. He admitted that he had consumed a pint of whiskey prior to the accident. His BAC was 0.168 several hours after the accident. The Montana Highway Patrol concluded the accident was caused by alcohol intoxication, excessive speed, and drag racing.

Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that NEW ROBE will likely serve all of the time imposed by the court. In the federal system, NEW ROBE 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 conducted by the Federal Bureau of Investigation in Browning.