News and Press Releases

Javier Millan-martinez Sentenced in U.S. District Cour

Thursday, December 03, 2009

Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Missoula, on December 3, 2009, before U.S. District Judge Donald W. Molloy, JAVIER MILLAN-MARTINEZ, a 23-year-old resident of Denver, Colorado, appeared for sentencing. MILLAN-MARTINEZ was sentenced to a term of:

  • Prison: 37 months
  • Special Assessment: $100
  • Supervised Release: 4 years

MILLAN-MARTINEZ was sentenced in connection with his guilty plea to conspiracy to distribute cocaine.

In an Offer of Proof filed by Assistant U.S. Attorney Timothy J. Racicot, the government stated it would have proved at trial the following:

In 2007, the Missouri River Drug Task Force, the Drug Enforcement Administration, and the U.S. Immigration and Customs Enforcement began investigating a cocaine-trafficking organization in Gallatin County. The investigation included surveillance of individuals and addresses, and multiple controlled purchases of cocaine by confidential informants. According to several interviews of witnesses and conspirators, MILLAN-MARTINEZ was a member of the drug trafficking organization and a source of supply from Denver.

On the following dates, law enforcement officers monitored controlled purchases of cocaine in the Bozeman area in the following amounts:

March 12, 2008 - one ounce

March 24, 2008 - five ounces

April 15, 2008 - one ounce

April 25, 2008 - one ounce

April 30, 2008 - four ounces

July 2, 2008 - one ounce

August 6, 2008 - three ounces

August 26, 2008 - two ounces

September 22, 2008 - two ounces

October 22, 2008 - one-half ounce

October 28, 2008 - two ounces

November 12, 2008 - three ounces

November 25, 2008 - three ounces

January 16, 2009 - two and one-half ounces

March 31, 2009 - one and one-half ounce

On April 21, 2009, law enforcement monitored the purchase of five ounces of cocaine (138.4 grams) from MILLAN-MARTINEZ in Denver. On May 28, 2009, law enforcement arranged to purchase one pound of cocaine from MILLAN-MARTINEZ, again in Denver. The officers arrested MILLAN-MARTINEZ and searched his apartment. They seized approximately 572 grams of cocaine (including packaging), 36 grams of methamphetamine, a digital scale, and some false documents and photos. During a post-arrest interview, MILLAN-MARTINEZ admitted that the cocaine and meth belonged to him.

Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that MILLAN-MARTINEZ will likely serve all of the time imposed by the court. In the federal system, MILLAN-MARTINEZ 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 Missouri River Drug Task Force, the Drug Enforcement Administration, and the U.S. Immigration and Customs Enforcement.



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