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Justice News

Department of Justice
U.S. Attorney’s Office
District of South Dakota

Monday, June 17, 2013

Eagle Butte Man Pleads Guilty To Possession With Intent To Distribute A Controlled Substance

United States Attorney Brendan V. Johnson announced that Phillip LaBatte, age 24, of Eagle Butte, South Dakota appeared before U.S. District Judge Roberto A. Lange on June 13, 2013 and pled guilty to Count III of the Indictment that charged him with Possession with Intent to Distribute a Controlled Substance.

The maximum penalty upon conviction is 5 years of imprisonment, a $250,000 fine, or both; 2 years of supervised release and an additional 2 years of supervised release upon revocation. Restitution and a $100 special assessment to the Federal Crime Victims Fund may also be ordered.

The charge stems from the investigation of burglaries in Eagle Butte, where a Cheyenne River Sioux Tribe detective learned that several juveniles committed the burglaries. Based on the investigation, the detective obtained a tribal search warrant for LaBatte’s residence. When law enforcement executed the search warrant they found at least 250 grams, but less than 1 kilogram, of marijuana along with a scale, rolling papers, and a grinder.

The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Division and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.

LaBatte was remanded to the custody of the U.S. Marshals Service pending sentencing which has been set for August 29, 2013.

Updated June 22, 2015