Brett Scheeler Sentenced in U.S. District Court
| U.S. Attorney’s Office October 14, 2009 |
Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Billings, on October 14, 2009, before Senior U.S. District Judge Jack D. Shanstrom, BRETT SCHEELER, a 47-year-old resident of Billings, appeared for sentencing. SCHEELER was sentenced to a term of:
- Prison: 56 months
- Special Assessment: $100
- Supervised Release: 8 years
SCHEELER was sentenced in connection with his guilty plea to possession with the intent to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney James E. Seykora, the government stated it would have proved at trial the following:
On November 12, 2008, an officer with the City-County Special Investigation Unit in Billings developed a confidential informant to make purchases of methamphetamine from SCHEELER.
On the morning of November 14, 2008, the CI placed a monitored and recorded call to SCHEELER to arrange a meth deal. The CI said he would be in Billings between 2:00 and 2:30 to complete the deal. A short time later, SCHEELER was observed by surveillance units and it was decided to initiate a traffic stop on SCHEELER'S vehicle if he arrived at the appointed location and time to deliver the drugs. The vehicle was subsequently stopped.
SCHEELER admitted that the $893 found in his pocket was money he received from methamphetamine sales that day. SCHEELER also admitted that the methamphetamine found on his person as well as in his vehicle belonged to him and that he had received the methamphetamine earlier in the day. SCHEELER believed he had approximately one ounce of methamphetamine in his vehicle or on his person. A small baggie containing suspected marijuana was also found on SCHEELER'S person.
The DEA lab results of the two bags seized in SCHEELER'S car and on his person was 23.10 grams of a mixture, 41.6 percent pure or 9.60 grams of actual and 13.5 grams of a mixture, 36.1 percent pure or 4.80 grams of actual.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that SCHEELER will likely serve all of the time imposed by the court. In the federal system, SCHEELER 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 City-County Special Investigation Unit in Billings.