Eagle Butte Man Sentenced for Perjury

United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man convicted of Perjury was sentenced on January 24, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Charlie Marshall, age 27, was sentenced to 12 months in custody and a special assessment of $100 to the Federal Crime Victims Fund.  The custody sentence is to run concurrently with the sentences imposed in Marshall’s controlled substances and firearms case.

Marshall was indicted by a federal grand jury on May 16, 2017, for Perjury and False Declaration Before a Court.  Marshall pled guilty to Perjury on August 11, 2017.

On March 13, 2017, Marshall appeared before U.S. District Judge Roberto A. Lange to plead guilty to conspiracy to distribute a controlled substance, methamphetamine, and firearms charges.  At the beginning of the change of plea hearing, Marshall agreed, under oath, to answer questions during the hearing truthfully.  Marshall was asked by Judge Lange if he understood that he was under oath and required to answer the Court’s questions truthfully, to which Marshall indicted he understood.  Judge Lange specifically asked Marshall if he was under the influence of alcohol or drugs, to which Marshall responded that he was not.  Immediately following the hearing, because Marshall smelled of alcohol, a U.S. Probation Officer administered a preliminary breath test to Marshall.  The preliminary breath test registered a reading of 0.149. 

A second change of plea hearing was held by Judge Lange on March 21, 2017, due to Marshall being under the influence of alcohol during the initial change of plea hearing. 

This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.

Marshall was immediately turned over to the custody of the U.S. Marshals Service.