District of Montana

Thursday, August 07, 2008

JOSEPH JAMES UPHAM 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 7, 2008, before U.S. District Judge Sam E. Haddon, JOSEPH JAMES UPHAM, a 43-year-old resident of Browning, appeared for sentencing. UPHAM was sentenced to a term of:

• Prison: 108 months

• Special Assessment: $100

• Supervised Release: 3 years

UPHAM was sentenced in connection with his guilty plea to sexual abuse.

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

On March 8, 2006, in Browning, UPHAM knowingly engaged in a sexual act with M.A.K., a person incapable of appraising the nature of the conduct.

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

The investigation was a cooperative effort between the Federal Bureau of Investigation in Browning and the Bureau of Indian Affairs.