The United States Attorney's Office announced that during a federal court session in Helena, on Sept. 10, 2013, before U.S. District Judge Sam E. Haddon, MICHAEL ANTHONY ERVIN, a 48-year-old resident of Billings, was sentenced to a term of:
Prison: 148 months
Special Assessment: $100
Supervised Release: 3 years
ERVIN was sentenced in connection with his guilty plea to distribution of hydrocodone.
In an Offer of Proof filed by Assistant U.S. Attorney Paulette L. Stewart, the government stated it would have proved at trial the following:
An agent assigned to the Drug Enforcement Administration's Tactical Diversion Squad purchased prescription pills from ERVIN in Roundup and Billings from Dec. 28, 2011, and continuing through Feb. 3, 2012.
Specifically, the agent purchased 60 hydrocodone 5mg pills on Dec. 28, 2011, in Roundup, from ERVIN. The agent purchased 20 hydrocodone 5mg pills and 12 morphine 30mg pills on Jan. 18, 2012, in Billings, from ERVIN. The agent purchased 100 hydrocodone 5mg pills on Feb. 3, 2012, in Billings, from ERVIN.
A chemist from the DEA laboratory in San Francisco verified the presence of controlled substances - hydrocodone and morphine - in the pills purchased from ERVIN.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that ERVIN will likely serve all of the time imposed by the court. In the federal system, ERVIN 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 Drug Enforcement Administration Tactical Diversion Squad which includes the Montana Division of Criminal Investigation and the Billings Police Department.
Source: U.S. Department of Justice, Office of the United States Attorneys
