Dustyn W. Rothgeb 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 September 30, 2009, before Senior U.S. District Judge Jack D. Shanstrom, DUSTYN W. ROTHGEB, a 29-year-old resident of Roberts, appeared for sentencing. ROTHGEB was sentenced to a term of:
- Prison: 37 months
- Special Assessment: $100
- Supervised Release: 3 years
ROTHGEB was sentenced in connection with his guilty plea to possession of a firearm not registered in the National Firearms Registration and Transfer Record.
In an Offer of Proof filed by Special Assistant U.S. Attorney Ed Zink, the government stated it would have proved at trial the following:
On May 27, 2008, the Carbon County Sheriff's Office and the Red Lodge Police Department received a report of a man walking around the town of Roberts and threatening people with a shotgun. Dispatch told responding officers the problem started at a bar, but had moved to a residence. Law enforcement arrived at the residence and located ROTHGEB, two other males, and a female outside. All were intoxicated. A deputy secured ROTHGEB in handcuffs as he matched the description of the male with the shotgun.
Another deputy went to the bar and spoke with a witness. The witness advised that a female at the bar started a fight and was told to leave. The witness said ROTHGEB then joined in the fight and attacked him. The witness said he calmed ROTHGEB down and drove ROTHGEB back to ROTHGEB'S residence. The witness said ROTHGEB then ran into the residence and came back outside with a short pistol-gripped shotgun. The witness said when he saw the shotgun, he left in fear. He said he heard ROTHGEB making comments about wanting to kill someone.
Another witness at the scene said ROTHGEB was trying to return to the bar with the shotgun. The witness said ROTHGEB was making comments about "taking care of business." This witness told an officer that it took several people to restrain ROTHGEB from going back to the bar with the gun. The witness said once they talked him out of going back with the gun, ROTHGEB threw the gun away on the ground. The witness showed the officer where the shotgun was discarded and the officers recovered a Remington 870 Express 20 gauge shotgun, with a sawed-off barrel of about 161/2 inches and a modified pistol grip.
An agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted a search of the National Firearms Registration and Transfer Record and did not locate any registration for this firearm nor any weapons registered to ROTHGEB.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that ROTHGEB will likely serve all of the time imposed by the court. In the federal system, ROTHGEB does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Red Lodge Police Department, the Carbon County Sheriff's Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
This conviction is yet another important outcome from Project Safe Neighborhoods, a national priority of the United States Department of Justice. PSN is designed as a partnership between federal and local law enforcement to reduce violent crime and gun-related crime through the vigorous enforcement of the criminal provisions of the federal firearms laws. In Montana, the effort under PSN is called "Catch and No Release."