Department of Justice Seal Department of Justice

Department of Justice
United States Attorney
District of Montana

WILLIAM W. MERCER
UNITED STATES ATTORNEY
P.O. Box 1478
Billings, Montana 59103
(406) 657-6101

NEWS RELEASE
FOR IMMEDIATE RELEASE:
Thursday, October 19, 2006

CONTACT: Kurt Alme
Assistant U.S. Attorney for the
District of Montana
(406) 247-4669

HORACE HUBERT SMALL JR. PLEADS GUILTY IN U.S. FEDERAL COURT

Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Billings on October 19, 2006, before U.S. District Judge Richard F. Cebull, HORACE HUBERT SMALL JR., a 44-year-old resident of Lame Deer, pled guilty to five counts of distribution of methamphetamine. Sentencing is set for January 11, 2007. He is currently released on special conditions.

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

During the months of June and July of 2005, the Bureau of Indian Affairs (BIA) and the FBI conducted an investigation of SMALL after receiving information that SMALL was distributing methamphetamine from his residence on the Northern Cheyenne Indian Reservation.

On five occasions during June and July of 2005, a BIA confidential source, at the direction and under the supervision of law enforcement, purchased methamphetamine from SMALL at his residence. The five purchases took place on June 24, two on July 5, July 7, and July 20, 2005.

The purchases were monitored by law enforcement, both visually and with audio equipment. Approximately 5 grams of methamphetamine was purchased from SMALL.

On November 4, 2005, a search warrant was served at SMALL'S residence and drug paraphernalia was seized.

The methamphetamine that was purchased from SMALL was tested by the Drug Enforcement Administration laboratory in San Francisco. The lab results confirmed that the substance was methamphetamine.

SMALL faces possible penalties of 20 years in prison, a $1,000,000 fine and 3 years supervised release.

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.

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