Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Billings, on March 26, 2008, before Senior U.S. District Judge Jack D. Shanstrom, JUSTIN LEE FERGUSON, a 25-year-old resident of Billings, appeared for sentencing. FERGUSON was sentenced to a term of:

• Prison: 30 months

• Special Assessment: $100

• Supervised Release: 3 years

FERGUSON was sentenced in connection with his guilty plea to making a false statement during a firearms purchase.

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

On February 18, 2004, FERGUSON was convicted of possession of a controlled substance with intent to deliver in Crook County, Wyoming.

On March 19, 2004, FERGUSON signed the conditions of probation form advising him he was not allowed to own, purchase or possess a firearm. He absconded on July 14, 2004, and a bench warrant subsequently was issued for his arrest.

On March 17, 2007, FERGUSON went to the "Big Guns" booth at the M.O.R.E. show in Billings and attempted to buy a S&W 9mm pistol. "Big Guns" is a dealer located in Red Lodge. On the 4473 Firearms Transaction Record Form, FERGUSON answered "NO" at line 11(c), where he was asked if he had ever been convicted of a felony. The FBI National Instant-Background Check System (NICS) denied the transaction. When the store owner told FERGUSON of the denial, FERGUSON asked, "What if my friend came in and bought this firearm for me?" The store owner replied, "That would be illegal." FERGUSON left.

The FBI NICS personnel referred the investigation to the Bureau of Alcohol, Tobacco, Firearms and Explosives. Personnel at the store identified FERGUSON as the person who made the false statement on the form.

Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that FERGUSON will likely serve all of the time imposed by the court. In the federal system, FERGUSON does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.

Special Assistant U.S. Attorney Ed Zink prosecuted the case for the United States.

The investigation was a cooperative effort between the Federal Bureau of Investigation and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

This conviction is yet another important outcome from Project Safe Neighborhoods, a national priority of the United States Department of Justice. PSN is designed as a partnership between federal and local law enforcement to reduce violent crime and gun-related crime through the vigorous enforcement of the criminal provisions of the federal firearms laws. In Montana, the effort under PSN is called "Catch and No Release."