Benedict Daniel Shoulderblade 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 October 14, 2009, before Senior U.S. District Judge Jack D. Shanstrom, BENEDICT DANIEL SHOULDERBLADE, a 28-year-old resident of Billings, appeared for sentencing. SHOULDERBLADE was sentenced to a term of:
- Prison: 17 months
- Special Assessment: $100
- Supervised Release: 10 years
SHOULDERBLADE was sentenced in connection with his guilty plea to failure to register as a sexual offender.
In an Offer of Proof filed by Assistant U.S. Attorney Marcia K. Hurd, the government stated it would have proved at trial the following:
In April of 2000, SHOULDERBLADE was convicted of misdemeanor sexual assault in Rosebud County.
On December 15, 2004, SHOULDERBLADE was convicted of assault with intent to commit a felony (sexual battery) in Tulsa County Court, Oklahoma. SHOULDERBLADE was sentenced to 24 months custody of the Oklahoma Department of Corrections. SHOULDERBLADE was required to register as a sexual offender because of his Oklahoma conviction. Upon release from prison, SHOULDERBLADE completed a Notice of Duty to Register Form on July 24, 2006, acknowledging his requirements to register.
On June 4, 2008, SHOULDERBLADE traveled by bus from Oklahoma to Montana where he resided at the Montana Rescue Mission in Billings. SHOULDERBLADE has since been arrested on several occasions by the Billings Police Department and has never registered in the state of Montana.
The Montana Sexual and Violent Offender Registry confirmed that SHOULDERBLADE did not register or update his registration as required by law and is currently out of compliance with Montana's Sexual Offender Registry requirements. The Yellowstone County Sheriff's Office also verified that he had not registered or updated his registration through their office.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that SHOULDERBLADE will likely serve all of the time imposed by the court. In the federal system, SHOULDERBLADE 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 conducted by the U.S. Marshals Service.