Thomas J. Embry Sentenced in U.S. District Cour
The United States Attorney's Office announced that during a federal court session in Billings, on February 25, 2010, before Chief U.S. District Judge Richard F. Cebull, THOMAS J. EMBRY, age 22, appeared for sentencing. EMBRY was sentenced to a term of:
- Prison: 51 months
- Special Assessment: $200
- Supervised Release: 3 years
EMBRY was sentenced in connection with his guilty plea to being a felon-in-possession of a firearm and a violent felon-in-possession of body armor.
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:
EMBRY is a convicted felon, with a 2005 conviction for assault with a weapon on his record, which is defined as a "crime of violence" under federal law.
Starting September 2008, EMBRY was on Montana felony supervision under "Conditional Release," which is similar in restrictions to parole.
On August 5, 2009, he was stopped by a sheriff's deputy in Billings. A search revealed a Safariland ballistic vest (body armor) and ammunition in the vehicle. EMBRY'S name appeared inside the vest.
After the vest was discovered, a Montana Probation and Parole officer contacted ATF and advised that EMBRY was previously in possession of two firearms. Investigation revealed that EMBRY'S father-in-law became concerned for his daughter. He came to Billings around June 4, 2009. He told investigators that he met with EMBRY'S supervising probation officer, then went to EMBRY'S residence to recover the guns he knew EMBRY possessed. He removed two Glock pistols from the residence and then sold them to a licensed dealer. ATF later recovered these firearms. They were identified as a Glock model 22 .40 S&W caliber semi-automatic pistol and a Glock model 19 9mm semi-automatic pistol.
Investigation revealed the firearms were purchased in Billings on February 9, 2009, and later transferred to EMBRY. The purchaser of the firearms told investigators that EMBRY gave him cash and asked him to purchase these two guns for him. The purchaser said EMBRY drove him to Scheels. There, he said he bought the two guns EMBRY selected. The purchaser said he gave them to EMBRY soon afterward.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that EMBRY will likely serve all of the time imposed by the court. In the federal system, EMBRY 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 Yellowstone County Sheriff's Office, U.S. Probation and Parole, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.