District of Montana

ROMAN WAYNE ENCINAS 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 August 25, 2008, before U.S. District Judge Sam E. Haddon, ROMAN WAYNE ENCINAS, a 29-year-old resident of Washington, appeared for sentencing. ENCINAS was sentenced to a term of:

• Prison: 144 months
• Special Assessment: $100
• Supervised Release: 5 years

ENCINAS was sentenced in connection with his guilty plea to conspiracy 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 May 11, 2005, a probation search was conducted by federal, tribal, and state officers of an individual's residence on the Fort Belknap Indian Reservation. Approximately 400 grams of methamphetamine (234 grams of actual methamphetamine) and some marijuana were seized from the residence. The individual became a cooperating witness and agreed to assist law enforcement in its investigation of the individual's supplier of methamphetamine. ENCINAS was working for another individual in Washington, who was the cooperating witness's supplier of methamphetamine. ENCINAS and the cooperating witness had personally met on several prior occasions so that the cooperating witness could purchase methamphetamine and marijuana. In fact, the methamphetamine found at the cooperating witness's house, on May 11, 2005, was what remained of methamphetamine that ENCINAS had delivered to the cooperating witness in March of 2005.

The cooperating witness met personally with ENCINAS, who he knew by an alias, in December of 2004 or January of 2005 in a parking lot in Spokane, Washington. The cooperating witness gave ENCINAS money for methamphetamine previously supplied to him, and he also received 5 ounces of methamphetamine to sell and some marijuana. He then met with ENCINAS in Missoula approximately 6 to 8 weeks later and received approximately 10-12 ounces of methamphetamine and more marijuana. He also paid him $13,500 for the methamphetamine that he had received in December of 2004 or January of 2005. Finally, he met with ENCINAS again in March of 2005 in Missoula. On this trip, the cooperating witness purchased approximately two pounds of methamphetamine from ENCINAS. He also paid him for the methamphetamine received before - approximately $17,000 - $18,000. He did not meet with ENCINAS again because of the probation search that was conducted on May 11, 2005. He owed ENCINAS $32,000 for the two pounds of methamphetamine.

To corroborate the information provided by the cooperating witness, law enforcement obtained ENCINAS' cellular telephone records during the investigation of this case. Those records show numerous calls to the cooperating witness starting in 2004 and ending with the cooperating witness's arrest after the probation search. The witness made recorded phone calls to ENCINAS that were monitored by law enforcement. Additionally, the cooperating witness assisted an undercover officer in a ruse - the officer posed as the cooperating witness's cousin and made arrangements to meet with ENCINAS in Missoula. Several recorded phone calls were made. Although the meeting in Missoula fell through, all of these recorded phone calls are reflected on ENCINAS' cellular telephone records.

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

The investigation was a cooperative effort between the High Intensity Drug Trafficking Area (HIDTA) Task Force, the Federal Bureau of Investigation, the Fort Belknap Tribal Law Enforcement and the Bureau of Indian Affairs.