Cedrick Marc Leiby Sentenced in U.S. District Court
|U.S. Attorney’s Office July 12, 2013|
The United States Attorney’s Office announced that during a federal court session in Billings, on July 9, 2013, before Senior William Fremming Nielsen, Cedrick Marc Leiby, a 35-year-old resident of Billings, was sentenced to a term of:
- Prison: 150 months
- Special assessment: $300
- Restitution: to be determined
- Supervised release: four years
Leiby was sentenced in connection with his guilty plea to conspiracy to possess methamphetamine with intent to distribute, obstruction of justice/witness tampering, and possession of a stolen firearm.
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:
Leiby came to the attention of law enforcement officers as part of a larger drug case. Leiby was identified as a person who bought large amounts of methamphetamine brought from Las Vegas to Billings on behalf of supplier Howard Bonifant. Leiby was identified by Bonifant’s runners as being among their biggest customers, and he was prominent in phone tolls, drug ledgers, and in the dealers’ phones. Various customers of his also identified Leiby as their supplier and one of the bigger dealers in Billings by the fall of 2010. Leiby conspired with others to distribute over 500 grams or more of a mixture of substance containing a detectable amount of methamphetamine.
After Leiby was indicted on the charge of conspiracy to possess methamphetamine with intent to distribute, and while he was in the Yellowstone County Detention Facility pending state charges, he knew there was a detainer on him for federal charges. He approached another defendant in the larger drug case while they were both incarcerated at the facility. This individual had already given law enforcement information on the drug case, including information on Leiby. Leiby came to the person’s cell and handed him a hand-written note on a piece of paper. The note said something to the effect of “I, [space], have never given or sold Cedric Leiby any methamphetamine.” Leiby told him to sign the paper or something would happen to him if he did not. This individual believed that Leiby knew a lot of people at YCDF and that if he did not sign the paper, Leiby would have someone hurt him. He wrote his name on the blank spot and gave the paper back to Leiby. Leiby had the person’s cell mate sign as a witness to the signature. Leiby has continued to tell people that the person ratted Leiby out, and he has concerns for his safety. Leiby has also called the person a “rat” in a loud enough voice for others in the cellblock at YCDF to hear, and thus, the person was moved to another unit for his own safety.
On August 11, 2011, Leiby had come to the attention of law enforcement authorities when a car was stopped for a traffic violation and was found to have sale tags from Sports Authority inside. The deputy was familiar with the recent theft of six firearms from that location. The vehicle was impounded and a search warrant obtained. Officers also searched the driver’s residence as permitted by his supervising probation officer. In a hidey-hole in the garage, five of the six firearms stolen from Sports Authority were found.
Further investigation revealed that Leiby stole the guns from Sports Authority by cutting the security chains with a bolt cutter and leaving through a back door of the store. Leiby took the guns to the residence and put them in the hidey-hole in the garage.
Bonifant pled guilty to federal charges and has been sentenced.
Because there is no parole in the federal system, the “truth in sentencing” guidelines mandate that Leiby will likely serve all of the time imposed by the court. In the federal system, Leiby 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 Federal Bureau of Investigation and the Billings Big Sky Safe Streets Task Force.