Clifford W. Eagle Sentenced in U.S. District Cour
Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Billings, on January 15, 2009, before Chief U.S. District Judge Richard F. Cebull, CLIFFORD W. EAGLE, a resident of Billings, appeared for sentencing. EAGLE was sentenced to a term of:
- Prison: 30 months
- Special Assessment: $100
- Supervised Release: 3 years
EAGLE was sentenced in connection with his guilty plea to failure to register as a sex offender.
In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:
On March 31, 2008, a Deputy U.S. Marshal received information that EAGLE, a convicted sexual offender from the State of Oklahoma, was believed to have left some time after December 13, 2007, from his last known registered mailing address in Oklahoma City, Oklahoma and was residing in the Billing area.
EAGLE had been convicted of First Degree Felony Rape by Instrumentation on March 25, 2003, in Pittsburg County, Oklahoma. The victim had been a three year old child. EAGLE was sentenced to 10 years prison time with 5 years suspended. He was released to the Oklahoma Department of Corrections Supervised Release Program in Oklahoma on March 1, 2007. Based on the Oklahoma Department of Corrections designating EAGLE as an aggravated sex offender, EAGLE was required to register as a sexual offender for life. EAGLE was registering daily as a sexual offender with the Oklahoma City Police Department because residential status as homeless in Oklahoma requires daily registration. The Oklahoma State Department of Corrections Probation Office made several checks in 2007 and on several occasions EAGLE was located at residences with physical addresses but EAGLE was still maintaining a transient status.
EAGLE ultimately traveled to Montana and failed to register at any time in Montana from his approximate arrival date in February. EAGLE registered to live at the Billings Rescue Mission on February 5, 2008, to receive assistance and shelter. On February 11, 2008, EAGLE was contacted by the Billings Police Department because he appeared intoxicated. The officer on scene ran a routine wants and warrants check on EAGLE. The officer learned EAGLE was a convicted sex offender and advised him that he needed to register. The Billings Police Department again made contact with EAGLE on March 21, 2008, and arrested EAGLE based on an arrest warrant from Oklahoma based on violations of his probation.
The Montana Sexual and Violent Offender Registry confirmed that EAGLE did not register as required by law and the Yellowstone County Sheriff's also verified that he had not registered through their office.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that EAGLE will likely serve all of the time imposed by the court. In the federal system, EAGLE does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
Assistant U.S. Attorney Marcia K. Hurd prosecuted the case for the United States.
The investigation was conducted by the U.S. Marshals Service.