The United States Attorney's Office announced that during a federal court session in Helena, on Oct. 25, 2013, before U.S. District Judge Sam E. Haddon, SHAWN ANTHONY FERNANDEZ, a 49-year-old resident of Butte, was sentenced to a term of:
* ison: 48 months
* ecial Assessment: $100
* pervised Release: 5 years
FERNANDEZ was sentenced in connection with his guilty plea to conspiracy to possess with the intent to distribute methamphetamine.
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:
From approximately December 2011 until approximately July 2012, FERNANDEZ and others possessed with the intent to distribute methamphetamine in Butte and other places in Montana. The methamphetamine came from Las Vegas for distribution in the Butte area.
FERNANDEZ was arrested by law enforcement on July 29, 2012, with approximately 110 grams of pure methamphetamine in the trunk of his vehicle and hidden in the bottom of a cereal box.
FERNANDEZ admitted to this conduct when interviewed by law enforcement. This information was confirmed through the interview of other witnesses. Money Gram records also confirmed FERNANDEZ's admissions.
A laboratory analysis confirmed the presence of methamphetamine that was confiscated by law enforcement during their investigation.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that he will likely serve all of the time imposed by the court. In the federal system, he 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 a cooperative effort between the U.S. Department of Homeland Security - Homeland Security Investigations, the Butte-Silver Bow Law Enforcement, and the Drug Enforcement Administration Lab.
Source: U.S. Department of Justice, Office of the United States Attorneys