HORACE HUBERT SMALL, JR. 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 January 11, 2007, before U.S. District Judge Richard F. Cebull, HORACE HUBERT SMALL, JR., a 44-year-old resident of Lame Deer, appeared for sentencing. SMALL was sentenced to a term of:

Prison: 37 months
Special Assessment: $500
Supervised Release: 3 years

SMALL was sentenced in connection with his guilty plea to five counts of distribution of methamphetamine.

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.

Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that SMALL will likely serve all of the time imposed by the court. In the federal system, SMALL 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.

United States Attorney's Office for the District of Montana
P.O. Box 1478
Billings, MT 59103

CONTACT
Kurt Alme
First Assistant U.S. Attorney
(406) 246-4669