Bernard Noel Youpee 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 November 2, 2009, before U.S. District Judge Sam E. Haddon, BERNARD NOEL YOUPEE, a 43-year-old resident of Brockton, appeared for sentencing. YOUPEE was sentenced to a term of:
- Prison: 60 months
- Special Assessment: $100
- Supervised Release: 10 years
YOUPEE was sentenced in connection with his guilty plea to aggravated sexual abuse.
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 March of 2009, the FBI received information that in approximately 2002 or 2003, the victim, now age 16, had been sexually abused by YOUPEE when she was nine or ten years old. The victim reported that she had fallen asleep in the living room of the family residence in Brockton when YOUPEE laid down beside her and started touching her vaginal area underneath her underwear. She reported that on another occasion, YOUPEE put her up so she was sitting on the dryer, pulled down his pants and underwear and asked her to look at his penis. The victim refused and he did not touch her again.
The victim reported that she had recently been in a presentation at her school on dating violence and she began thinking again about what YOUPEE had done. It began to bother her and she wrote him a note saying that she had thought about it and it bothered her. YOUPEE texted the victim on her cell phone telling her not to tell anyone as he would get in trouble. The victim was concerned that he might do something to her little sister.
When questioned, YOUPEE admitted the sexual abuse, admitting that he had "touched her one time between her legs," and that the victim had said she did not like it so he stopped. He also admitted that he sent the text messages to her and said that he told her if she did not tell anyone, he would buy her a car.
Both the victim and YOUPEE are Indian persons and the events occurred within the exterior boundaries of the Fort Peck Indian Reservation.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that YOUPEE will likely serve all of the time imposed by the court. In the federal system, YOUPEE 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 Federal Bureau of Investigation.