John Jay Dietrich 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 Helena, on February 26, 2009, before Senior U.S. District Judge Charles C. Lovell, JOHN JAY DIETRICH, a 59-year-old resident of Helena, appeared for sentencing. DIETRICH was sentenced to a term of:
- Prison: 12 months
- Special Assessment: $100
- Supervised Release: life
DIETRICH was sentenced in connection with his guilty plea to failure to register as a sexual offender.
In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:
In April of 2008, the U.S. Marshals Service received information that DIERTICH, a prior convicted sexual offender from the State of Montana, was believed to have left his last known registered address in Nevada, traveled to Montana, and was residing in the Helena area.
In July of 1989, DIERTICH had been convicted of incest, a felony, in Lewis and Clark County. DIERTICH was sentenced to term of imprisonment at the Montana State Prison. He served a portion of his sentence and was released. DIERTICH was required to register under the Sexual Offender Registration and Notification Act due to his conviction for incest under Montana law. DIERTICH last filled out a sexual offender registration form on January 11, 2007, in Nevada, wherein he notified the State of Nevada of his registration address. He wrote a letter to the registry on October 17, 2007, informing them he was leaving his residence due to a gambling problem and that he would be homeless but would check in. He then left Nevada and traveled to Montana where he has been residing in the Helena area.
DIERTICH failed to register at any time in Montana since his arrival date. The Montana Sexual and Violent Offender Registry confirmed that DIERTICH was out of compliance with Montana's Sexual Offender Registry requirements and had been so since entering Montana. DIERTICH was designated as a non-compliant registered sexual offender under the laws of Nevada as well.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that DIETRICH will likely serve all of the time imposed by the court. In the federal system, DIETRICH 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.