Lucas Wyman Mulvaugh Pleads Guilty in U.S. Federal Court

The United States Attorney’s Office announced that during a federal court session in Missoula on September 13, 2012, before U.S. Magistrate Judge Jeremiah C. Lynch, LUCAS WYMAN MULVAUGH, a 35-year-old resident of Belgrade, pled guilty to conspiracy to maintain drug-involved premises. Sentencing has been set for January 3, 2013. He is currently released on special conditions.

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 March 2009 until March 14, 2011, Randy Leibenguth, Stephanie Leibenguth, and MULVAUGH manufactured and distributed marijuana in the Bozeman/Belgrade area. The Leibenguths owned and operated Montana Cannabis Ministry/Montanans Cultivating Medicine (MCM). MULVAUGH owned and operated Outlaw Hill Health Institute (OHHI).

On March 14, 2011, law enforcement seized 539 marijuana plants from the Leibenguths at the MCM location and 892 marijuana plants from MULVAUGH at the OHHI location.

According to a man who worked for MULVAUGH on March 14, 2011, MULVAUGH and Randy Leibenguth were “business partners” until February 2011. In February 2011, MULVAUGH and Leibenguth were in a business dispute that ended their relationship.

According to X.X., X.X. purchased over $300,000 worth of marijuana from Randy Leibenguth. This was corroborated by bank records. X.X. purchased most of the marijuana from Randy Leibenguth, but also made purchases from Stephanie Leibenguth and MULVAUGH. Some purchases were at the storefront at the MCM location and a couple of purchases were from MULVAUGH at the OHHI location.

Testimony and documents generated by the conspiracy would have shown that the conspiracy involved the manufacture of at least 1,000 marijuana plants and at least 100 kilograms of a substance containing a detectable amount of marijuana during the above time frame.

Randy Leibenguth and Stephanie Leibenguth pled guilty to federal charges and are awaiting sentencing.

MULVAUGH faces possible penalties of 20 years in prison, a $500,000 fine, and three years’ supervised release.

The investigation was a cooperative effort between the Drug Enforcement Administration, the Montana Division of Criminal Investigation, the Missouri River Drug Task Force, the Federal Bureau of Investigation, the Environmental Protection Agency-Criminal Investigation Division, and the Laurel Police Department.

Sentences for June 15 through June 21, 2012

Ramon Orta-Hernandez, 26, of Mexico, was sentenced by Federal District Court Judge Alan B. Johnson on June 21, 2012, for illegal re-entry of a previously deported alien into the United States. Orta-Hernandez was arrested in Laramie, Wyoming. He received time served, was ordered to pay a $100 special assessment, and is subject to deportation upon release from custody. This case was investigated by the U.S. Department of Homeland Security-Immigration and Customs Enforcement.

Uriel Romero-Catano, 25, of Mexico, was sentenced by Federal District Court Judge Clarence A. Brimmer on June 20, 2012, for illegal re-entry of a previously deported alien into the United States. Romero-Catano was arrested in Laramie, Wyoming. He received time served, was ordered to pay a $100 special assessment, and is subject to deportation upon release from custody. This case was investigated by the U.S. Department of Homeland Security-Immigration and Customs Enforcement.

Michael Emanuelson, 50, of Milton, Florida, was sentenced by Federal District Court Judge Clarence A. Brimmer on June 20, 2012, for access with intent to view child pornography. Emanuelson was arrested in Yellowstone National Park, Wyoming. He received five years of supervised release and was ordered to pay a $500 fine and a $100 special assessment. This case was investigated by the National Park Service.

Luis Vasquez-Flores, 31, of Mexico, was sentenced by Federal District Court Judge Scott W. Skavdahl on June 19, 2012, for illegal re-entry of a previously deported alien into the United States. Vasquez-Flores was arrested in Casper, Wyoming. He received time served, was ordered to pay a $100 special assessment, and is subject to deportation upon release from custody. This case was investigated by the U.S. Department of Homeland Security-Immigration and Customs Enforcement.

Gary Lee Carter, 41, of Torrington, Wyoming, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on June 18, 2012, for being a felon in possession of a firearm. Carter was arrested in Torrington. He received 180 months of imprisonment, to be followed by five years of supervised release, and was ordered to pay a $400 fine and a $100 special assessment. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

Gary Doerr, 55, of Helena, Montana, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on June 18, 2012, for escape from custody. Doerr was arrested in Mexico. He received time served and has been turned over the Montana authorities. He was also ordered to pay a $100 special assessment. This case was investigated by the U.S. Marshals Service.

Rodney Dvorak, 52, of Laramie, Wyoming, was sentenced by Federal District Court Judge Nancy D. Freudenthal on June 18, 2012, for driving while under the influence of alcohol on BLM land. Dvorak was arrested on BLM property. He received one year of supervised release and was ordered to pay a $25 special assessment. This case was investigated by the Bureau of Land Management, U.S. Department of the Interior.

Anthony Michael Huckfeldt, 21, of Glenwood Springs, Colorado, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on June 18, 2012, for theft of government property within the Special Maritime and Territorial Jurisdiction of the United States. Huckfeldt appeared by summons in Cheyenne. He received six months’ probation and was ordered to pay a $25 special assessment, a $125 fine, and restitution in the amount of $40. This case was investigated by the Federal Bureau of Investigation and the United States Air Force.

Calvin Franklin Cannon, Jr., 46, of Commerce, Georgia, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on June 18, 2012, for being a felon in possession of a firearm. Cannon was arrested in Georgia. He received six months of imprisonment, to be followed by two years of supervised release, and was ordered to pay a $250 fine and a $100 special assessment. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

Felipe Neri Guerra-Morales, 43, of Guatemala, was sentenced by Federal District Court Judge Alan B. Johnson on June 15, 2012, for illegal re-entry of a previously deported alien into the United States. Guerra-Morales was arrested in Gillette, Wyoming. He received six months of imprisonment, was ordered to pay a $100 special assessment, and is subject to deportation upon release from custody. This case was investigated by the U.S. Department of Homeland Security-Immigration and Customs Enforcement.

Ruben Gomez-Avila, 33, of Mexico, was sentenced by Federal District Court Judge Alan B. Johnson on June 15, 2012, for illegal re-entry of a previously deported alien into the United States. Gomez-Avila was arrested in Cheyenne, Wyoming. He received time served, was ordered to pay a $100 special assessment and is subject to deportation upon release from custody. This case was investigated by the U.S. Department of Homeland Security-Immigration and Customs Enforcement.

Glen Alexander, 48, was sentenced by Federal District Court Judge Alan B. Johnson on June 15, 2012, for being a felon in possession of a firearm. Alexander was arrested in Torrington, Wyoming. He received 100 months of imprisonment, to be followed by three years of supervised release, and was ordered to pay a $500 fine and a $100 special assessment. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

Ivan Torres-Torres, 31, was sentenced by Federal District Court Judge Alan B. Johnson on June 15, 2012, for re-entry of a removed alien. Torres-Torres was arrested in Powell, Wyoming. He received time served, was ordered to pay a $100 special assessment, and is subject to deportation upon release from custody. This case was investigated by the U.S. Department of Homeland Security-Immigration and Customs Enforcement.

Jason Dean Pitsch Sentenced in U.S. District Court

The United States Attorney’s Office announced that during a federal court session in Billings on May 9, 2012 before Senior U.S. District Judge Jack D. Shanstrom, Jason Dean Pitsch, a 41-year-old resident of Garyowen, appeared for sentencing. Pitsch was sentenced to a term of:

■Prison: 120 months

■Special assessment: $100

■Supervised release: lifetime

Pitsch was sentenced in connection with his guilty plea to viewing child pornography.

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:

Beginning in October 2010, law enforcement in Billings observed a computer IP address that had multiple movies of child pornography available to share via peer-to-peer file sharing software. Further investigation revealed that the IP address was associated with an address in Garryowen of an individual with whom Pitsch resided. A search warrant was served in May of 2011.

Pitsch was questioned and admitted that he had used his computer to view child pornography via peer-to-peer file sharing programs. A forensic analysis found approximately 310 images of child pornography in unallocated space on Pitsch’s computer, including children under the age of 12 and of sadistic and masochistic conduct. Pitsch has two prior federal child pornography convictions.

Because there is no parole in the federal system, the “truth in sentencing” guidelines mandate that Pitsch will likely serve all of the time imposed by the court. In the federal system, Pitsch does have the opportunity to earn a sentence reduction for “good behavior.” However, this reduction will not exceed 15 percent of the overall sentence.

The investigation was a cooperative effort between the Billings Police Department, the Federal Bureau of Investigation, and the Montana Internet Crimes Against Children Task Force.

Ronald Glenn Keiser, III Pleads Guilty in U.S. Federal Court

The United States Attorney’s Office announced that during a federal court session in Butte on April 26, 2012 before U.S. District Judge Sam E. Haddon, Ronald Glenn Keiser, III, a 37-year-old resident of Wolf Point, pled guilty to two counts of involuntary manslaughter. Sentencing has been set for August 2, 2012. He is currently detained.

In an offer of proof filed by Assistant U.S. Attorney Jessica A. Betley, the government stated it would have proved at trial the following:

During the evening of Friday, August 19, 2011, a bar in Nashua hosted a bike rally. Activities at the bar throughout the evening included a disc jockey, a pole dancer, a beer drinking contest, and a hot legs contest. Keiser, an enrolled member of the Fort Peck Tribes, showed up at the bar that night. Witnesses saw Keiser staggering around the bar and drinking beer. Keiser left the bar by himself a little before 10:30 p.m. and drove away in his pickup truck.

At 11:23 p.m. on August 19, 2011, the first call to dispatch came in regarding a car crash on Highway 2 just east of Frazer, which is within the exterior boundaries of the Fort Peck Indian Reservation. A witness drove up on scene and saw a head-on collision had recently occurred between a pickup truck and a suburban. Both cars were steaming. A man, later identified as Keiser, still sat in the driver’s seat of the truck, while the driver of the suburban had just gotten out and had lain on the ground. The witness saw two people trapped in the suburban. She checked on a male passenger seated in the front passenger seat. The man seemed to still be breathing. She then checked on the other male passenger seated in the right rear passenger seat directly behind the front passenger. He was dead. The witness immediately checked on the front passenger again, and he had stopped breathing.

Emergency crews arrived at 11:37 p.m. Keiser sat uninjured on the side of the road with his head in his hands. The grill guard from Keiser’s truck was embedded in the middle of the right passenger side of the suburban. The passengers in the suburban were confirmed deceased.

Keiser’s blood alcohol content shortly after the crash was a 0.182. He was the only person in his truck at the time of the crash. Police found an open can of beer in the driver’s door panel in Keiser’s truck. They also found two partially filled cases of beer behind the driver’s seat in the truck—one six-pack and one 18-pack.

Keiser faces possible penalties of eight years in prison on each count, a $250,000 fine, and three years’ supervised release.

The investigation was a cooperative effort between the Federal Bureau of Investigation, the Fort Peck Tribes Criminal Investigation Division, and the Montana Highway Patrol.

Steven Dee Norred Pleads Guilty in U.S. Federal Court

The United States Attorney’s Office announced that during a federal court session in Missoula, on March 21, 2012, before U.S. Magistrate Judge Jeremiah C. Lynch, STEVEN DEE NORRED, a 56-year-old resident of Bigfork, pled guilty to five counts of bank robbery and possession of a firearm during the commission of a crime of violence. Sentencing has been set for June 28, 2012. He is currently detained.

In an offer of proof filed by Assistant U.S. Attorney Timothy J. Racicot, the government stated it would have proved at trial the following:

On September 24, 2010, NORRED robbed the First Interstate Bank in Bigfork. He entered the bank and threw a camouflage backpack at the teller. He told the teller to fill the backpack with money, which turned out to be approximately $6,553. NORRED was wearing a black motorcycle helmet, a black jacket, goggles or glasses, and a dark-colored bandana around his neck. One witness described the robber as being between 5’5” and 5’7” tall and having a medium build. NORRED is approximately 5’4” to 5’5” tall.

On November 10, 2010, NORRED robbed Glacier Bank’s Lakeside branch. He entered the bank wearing gray sweatpants, a black coat, and an orange motorcycle helmet. He approached the counter and ordered the teller to place money into a camouflage backpack. After he received the money—approximately $46,000—he left the bank. One of the witnesses described the robber as being about 5’4” tall.

On April 5, 2011, NORRED robbed First Valley Bank’s Seeley Lake branch. He entered the bank wearing a black or green face mask, a black hat, black sunglasses, a black jacket, and black pants. He demanded that the bank employees place money on the counter and put approximately $7,687 into a black and blue backpack. He left the bank riding a blue Polaris ATV and heading north on Highway 83. The sunglasses that NORRED was believed to be wearing during the robbery were recovered by law enforcement near the spot where the ATV had been parked. The witnesses told law enforcement that the robber was between 5’3” and 5’7” tall.

On May 31, 2011, NORRED robbed Bitterroot Valley Bank’s St. Regis branch. He entered the bank wearing jeans and a black motorcycle helmet with a white head-covering under the helmet. The employees at the bank—who thought the robber was between 5’3” and 5’6” tall—complied with his commands and placed approximately $13,592 on the counter, which NORRED placed into a camouflage backpack. NORRED left the bank riding a small motorcycle.

On September 28, 2011, NORRED robbed Glacier Bank’s Lakeside branch for a second time. He entered the bank in the afternoon, lifted his shirt to reveal a firearm in a holster, and ordered one teller to put her cash drawer on the counter. He then requested that the window drawer and a second teller’s cash drawer be placed on the counter. As he removed the money from the second teller’s drawer, he asked a bank customer if the customer wanted some money. He placed the money—approximately $14,180—into a camouflage backpack and departed the bank, but was followed by the customer. NORRED was wearing black sweatpants over jeans, a black helmet with a clear visor, and a white head-covering under the helmet.

The bank customer who witnessed the robbery followed NORRED’s motorcycle for a distance, but eventually lost sight of him. Shortly thereafter, the customer observed a truck appear from the nearby woods and proceed north on Highway 93. The customer followed the truck and reported the license plate number. Law enforcement eventually pulled over the truck, which NORRED was driving, and seized bait bills from the robbery and a firearm in a holster, specifically a Sig Saur, SigPro SP2340, .40 caliber handgun. Glacier Bank and the other banks referenced above were all FDIC insured at the times of the robberies.

NORRED faces possible penalties of 25 years in prison, a $250,000 fine, and five years’ supervised release on each count of robbery. In addition, NORRED faces the possibility of an additional mandatory minimum seven years in prison and could be sentenced to life, consecutive to any other sentences, for possession of a firearm during the commission of a crime of violence.

The investigation was a cooperative effort between the Federal Bureau of Investigation, the Flathead County Sheriff’s Office, the Missoula County Sheriff’s Office, the Mineral County Sheriff’s Office, and the Montana Highway Patrol.