Kendrick Michael Smith Sentenced in U.S. District Cour
The United States Attorney's Office announced that during a federal court session in Helena, on March 25, 2010, before Senior U.S. District Judge Charles C. Lovell, KENDRICK MICHAEL SMITH, a 28-year-old resident of Helena, appeared for sentencing. SMITH was sentenced to a term of:
- Prison: 140 months
- Special Assessment: $100
- Supervised Release: 6 years
SMITH was sentenced in connection with his guilty plea to possession with the intent to distribute oxycontin.
In an Offer of Proof filed by Assistant U.S. Attorney Paulette L. Stewart, the government stated it would have proved at trial the following:
On August 29, 2009, a man entered Bergum Drug Store in Helena wearing a black mask and carrying a firearm and a backpack. He demanded morphine and "oxys." The man wore a gray sweatshirt with the hood pulled up. Drug store employees complied, giving the robber morphine, opana (oxymorphone), oxycontin, and oxycodone. More than 4,500 pills valued at over $12,000 were taken.
On August 31, 2009, SMITH'S residence was searched by probation officers with law enforcement assisting. Officers located a ledger with pills and numbers listed that matched the stolen inventory from Bergum Drug Store.
When interviewed, SMITH admitted committing the robbery. SMITH said he burned the BB gun he used during the robbery. SMITH lived one block away from Bergum Drug Store and his driver's license photograph matched the description given by drug store employees. SMITH'S vehicle was also searched and officers located a backpack that contained numerous prescription bottles from the robbery, as well as black and red shoes that SMITH wore during the robbery that were described by the victims. Over 3,200 pills were recovered by the officers.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that SMITH will likely serve all of the time imposed by the court. In the federal system, SMITH 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 a cooperative effort between the Helena Police Department, the Federal Bureau of Investigation, and the United States Probation Office.