Brandyn Dean Stanbary Sentenced in U.S. District Court
Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Helena, on December 3, 2009, before Senior U.S. District Judge Charles C. Lovell, BRANDYN DEAN STANBARY, a 33-year-old resident of Belgrade, appeared for sentencing. STANBARY was sentenced to a term of:
- Probation: 2 years
- Special Assessment: $25
STANBARY was sentenced in connection with his guilty plea to willful failure to supply information.
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:
On August 7, 2008, officers with the Belgrade Police Department were called to STANBARY'S residence to investigate a disturbance call. While there, officers noticed a rifle in STANBARY'S living room that appeared to have a bull barrel. When questioned, STANBARY told the officers that he had made his rifle quiet - meaning silenced.
The officers notified the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). ATF verified that STANBARY did have a silencer and that STANBARY had not provided ATF with the required information about the silencer.
STANBARY was required by law to notify ATF about the silencer by providing his name, address, and information about the silencer including manufacturer and serial number. STANBARY was also to pay a registration tax for the silencer because the silencer is subject to registration under the National Firearms Act.
STANBARY later admitted that he willfully failed to supply the required information regarding his shortened rifle and silencer to the ATF.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that STANBARY will likely serve all of the time imposed by the court. In the federal system, STANBARY does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Belgrade Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
