Brian D. Foos Sentenced in U.S. District Court

The United States Attorney's Office announced that during a federal court session in Billings, on September 8, 2010, before Chief U.S. District Judge Richard F. Cebull, BRIAN D. FOOS, age 28, appeared for sentencing. FOOS was sentenced to a term of:

Prison: 57 months
Special Assessment: $100
Supervised Release: three years

FOOS was sentenced in connection with his guilty plea to possession of firearm not registered in the National Firearms Registration and Transfer Record.

In an Offer of Proof filed by Special Assistant U.S. Attorney Ed Zink, the government stated it would have proved at trial the following:

On August 21, 2009, law enforcement officers received a tip from the resident of an apartment that an individual, who was a suspect in an active shooting investigation, was staying at her apartment on Lake Elmo Drive in Billings. Officers from several agencies responded and began surveillance and then made entry. Three people were located in one room, including the shooting suspect and FOOS.

Officers discovered a sawed-off shotgun in plain view, within two to five feet from the occupants in the room. FOOS claimed the shotgun as his and stated that he had it for protection, because he lived on the streets. The shotgun was loaded with a round in the chamber. It was a Winchester 12 gauge, with an obscured model number. The overall length was measured at 18.5" and the barrel as 11.75".

FOOS stated that a backpack located in the room was also his. In it, officers found 14 rounds of 12 gauge ammunition. The officers transported FOOS to another location where he provided a statement. FOOS stated he has fired the weapon on several occasions, including times where he used it to protect himself or his friends.

An ATF agent conducted a search of the National Firearms Registration and Transfer Record and did not locate any registration for this NFA firearm nor any weapons registered to FOOS.

Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that FOOS will likely serve all of the time imposed by the court. In the federal system, FOOS 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 Bureau of Alcohol, Tobacco, Firearms and Explosives, the Billings Police Department, the Federal Bureau of Investigation, and the U.S. Marshals Violent Offender Task Force.