Gene K. Guardipee, Sr. 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 June 8, 2009, before U.S. District Judge Sam E. Haddon, GENE K. GUARDIPEE, SR., a 62-year-old resident of Browning, appeared for sentencing. GUARDIPEE was sentenced to a term of:
- Prison: 48 months
- Special Assessment: $100
- Supervised Release: 3 years
GUARDIPEE was sentenced in connection with his guilty plea to assault resulting in serious bodily injury.
In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:
On March 28, 2007, the male victim and GUARDIPEE were at a residence on the Blackfeet Indian Reservation. The victim and GUARDIPEE got into an argument while at the house. GUARDIPEE then left and the victim fell asleep. Later, the victim said he woke up and GUARDIPEE hit him in his head with a metal bar. An owner of the residence observed GUARDIPEE come into the house with a metal bar and go into the room where the victim was sleeping. He heard some yelling and then GUARDIPEE ran from the house.
The victim was taken to the hospital in Browning and was treated for his head wound. The victim had a laceration to his head approximately 5 to 6 cm in length and had several severed arteries in his head. The treating physician indicated that, in her opinion, the victim's injuries constituted serious bodily injury because of the substantial risk of death, extreme physical pain, and protracted and obvious disfigurement.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that GUARDIPEE will likely serve all of the time imposed by the court. In the federal system, GUARDIPEE 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 Vince Carroll prosecuted the case for the United States.
The investigation was a cooperative effort between the Federal Bureau of Investigation and the Bureau of Indian Affairs.