The United States Attorney(s Office announced that during a federal court session in Billings, on March 6, 2014, before U.S. District Judge Susan P. Watters, ROGER ALLEN YBARRA BERGER, a 29 year-old resident of Dickinson, North Dakota, was sentenced to a term of:
Prison: 70 months
Special Assessment: $ 100
Restitution: N/A
Supervised Release: 5 years
In an Offer of Proof filed by Assistant U.S. Attorney Brendan McCarthy, the government stated it would have proved at trial the following:
On Jan. 10, 2013, a Montana Highway Patrol (MHP) Trooper observed a vehicle on Interstate 94 near Glendive, Montana, that failed to have visible registration tags. The Trooper approached the passenger side window of the vehicle and detected the odor of raw marijuana coming from within the suspect vehicle. The driver of the vehicle was identified as the defendant, Roger Allen Ybarra Berger. The passenger of the vehicle was identified as M.C.
The Trooper was given permission to search the vehicle by the registered owner, M.C. During the search, the Trooper discovered a backpack inside the vehicle. M.C. advised the backpack did not belong to him. Likewise, Berger also denied owning the backpack. In the backpack law enforcement found numerous items of drug paraphernalia such as tin foil, a torch, numerous small plastic baggies, and a locked box. Inside the locked box there were two bags containing powdery substances. One bag field tested positive for heroin and weighed approximately 2 ounces. The second bag field tested positive for methamphetamine and weighted approximately 1.5 ounces. Berger later admitted the backpack and the contents belonged to him.
The investigation revealed that Berger and M.C. drove from Dickinson, North Dakota, to Billings, Montana, on January 9, 2013. They stayed at a local motel in Billings, Yellowstone County, Montana. While at the motel, Berger met with his source of supply for methamphetamine and heroin - William Lawrence Barrow. Berger and M.C. had previously traveled to Billings, Montana, just before New Year's Day, 2013, to pick up more drugs from Barrow. During the previous trip in December of 2012, Berger picked up four ounces of methamphetamine and three ounces of heroin from Barrow for redistribution.
Further investigation revealed that Barrow was Berger's main drug connection out of Utah. Berger had historically distributed at least 50 grams of methamphetamine and at least 100 grams of heroin during the course of the conspiracy.
The investigation was conducted by the Montana Highway Patrol, Montana Department of Criminal Investigation, and the Drug Enforcement Administration.
Source: U.S. Department of Justice, Office of the United States Attorneys
