Austin Brooks Healy 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 Great Falls, on March 31, 2009, before U.S. District Judge Sam E. Haddon, AUSTIN BROOKS HEALY, a 46-year-old resident of Lodgepole, appeared for sentencing.
HEALY was sentenced to a term of:
- Prison: 71 months
- Special Assessment: $100
- Supervised Release: 3 years
HEALY was sentenced in connection with his guilty plea to being a felon-in-possession of a firearm.
In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:
On September 25, 1997, HEALY was sentenced to 21 months imprisonment for assault resulting in serious bodily injury.
On the afternoon of May 9, 2008, Fort Belknap tribal law enforcement officers responded to a call concerning a possible aggravated assault by HEALY in the Beaver Creek area. According to witnesses, HEALY had shot a .270 caliber rifle in the vicinity of their residence. The witnesses also told law enforcement that HEALY had shot and killed two dogs. One witness described the rifle as camouflaged green. Officers found spent .270 caliber shell casings and one live round lying on the ground some distance from the residence of these witnesses.
Officers located HEALY at his residence. During a search of the residence, an officer observed that two pieces of sheet rock were partially covering a 3x3 foot opening in a basement wall. When the officer moved the sheet rock, he found a .270 caliber rifle with green camouflage tape wrapped around it.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that HEALY will likely serve all of the time imposed by the court. In the federal system, HEALY 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 Rebekah J. French prosecuted the case for the United States.
The investigation was a cooperative effort between the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Fort Belknap Tribal Law Enforcement.