The United States Attorney's Office announced that during a federal court session in Billings, on March 6, 2013, before Chief U.S. District Judge Richard F. Cebull, RAY KYLE NICHOLSON, a 30-year-old resident of Billings, appeared for sentencing. NICHOLSON was sentenced to a term of:
Prison: 45 months, consecutive to a state sentence
Special Assessment: $200
Supervised Release: 3 years
NICHOLSON was sentenced in connection with his guilty plea to being an unlawful user of controlled substance in possession of a firearm and possession of a firearm with an obliterated serial number.
In an Offer of Proof filed by Assistant U.S. Attorney Marcia K. Hurd, the government stated it would have proved at trial the following:
On August 7, 2011, at approximately 2:00 a.m., the Billings Police Department received a complaint of a suspicious vehicle in the 2300 block of Avenue C. Responding officers ultimately encountered four persons, one of whom was identified as NICHOLSON. Officers recovered two guns with obliterated serial numbers, one of which was taken from NICHOLSON's person. The gun was a Ruger P85 9mm semi-automatic pistol. When questioned, NICHOLSON admitted that the gun taken from his person was his but claimed that the other gun and the methamphetamine, LSD, and drug paraphernalia in the car were not his. He also admitted that he was addicted to methamphetamine.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that NICHOLSON will likely serve all of the time imposed by the court. In the federal system, NICHOLSON does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Source: U.S. Department of Justice, Office of the United States Attorneys
