PINKERTON was sentenced in connection with his guilty plea to conspiracy to possess with the intent to distribute cocaine. In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following: Between early 2005 and February of 2007, an individual, hereafter referred to as D.W., distributed in excess of five kilograms of cocaine in Bozeman. Testimony would have been given that D.W. distributed cocaine to several other drug dealers in the Bozeman area and that those drug dealers, in turn, distributed cocaine to others in Bozeman. One of those dealers who received cocaine from D.W. was PINKERTON. Testimony would also have shown that PINKERTON received cocaine for distribution in two to three ounce increments between May of 2006 and May 11, 2007. When interviewed by law enforcement, PINKERTON admitted that he met D.W. in January of 2006, at which point he began to receive cocaine from D.W. which PINKERTON in turn distributed to others. PINKERTON further admitted that in approximately May of 2006 he began to receive the cocaine from D.W., via Randy Gatewood, who acted as an intermediary between D.W. and PINKERTON. PINKERTON continued to receive cocaine by this method until approximately December of 2006. PINKERTON estimated he received a total of 1.4 kilograms of cocaine from D.W. or his intermediaries during the time he participated in the conspiracy. Gatewood pled guilty to federal charges and has been sentenced. Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that PINKERTON will likely serve all of the time imposed by the court. In the federal system, PINKERTON 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 Joseph E. Thaggard prosecuted the case for the United States. The investigation
was a cooperative effort between the Federal Bureau of investigation
in Bozeman and the Missouri River Drug Task Force.
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