DALE LEON SMITH 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 February 14, 2007, before Senior U.S. District Judge Jack D. Shanstrom, DALE LEON SMITH, a 45-year-old resident of Great Falls, appeared for sentencing. SMITH was sentenced to a term of:

Prison: 37 months

Special Assessment: $100

Supervised Release: 4 years

SMITH 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:

On March 6, 2006, law enforcement officers in Great Falls observed SMITH and another male exit a residence and have a short conversation. After their conversation ended, the other individual left and SMITH walked through an alley and proceeded to walk south.

The officers, who were in a vehicle, then pulled up to SMITH. When one of the officers identified himself, SMITH ran back into the alley and the officers then pursued SMITH on foot. Halfway down the alley, SMITH veered towards the rear of a residence which was enclosed both by a chain link fence and a wooden fence. Officers observed SMITH throw what appeared to be sandwich baggies containing a whitish substance into the back yard of the residence.

SMITH then continued to run toward the corner where the chain link fence and wooden fence intersected. At that point, an officer grabbed a hold of SMITH'S jacket and proceeded to gain control over SMITH after they both fell to the ground. After a brief struggle, SMITH was handcuffed. A methamphetamine pipe was recovered from SMITH'S right front pocket when searched.

Officers then entered the back yard of the residence and observed a plastic baggie laying next to the east side of the sidewalk. Two additional zip-lock bags were also found laying nearby. All three baggies contained a whitish crystal-like substance.

A chemist at the Forensic Science Division with the State of Montana tested the ziplock bags and substances which contained a "crystalline material." The results indicated that the substances were methamphetamine..

The total weight of the methamphetamine recovered was approximately 60 grams.

Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that SMITH will likely serve all of the time imposed by the court. In the federal system, SMITH 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 Anna S. Peckham prosecuted the case for the United States.

The investigation was conducted by the Federal Bureau of Investigation.

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