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Lincoln Benavides Sentenced in U.S. District Cour

FOR IMMEDIATE RELEASE
Friday, April 23, 2010

The United States Attorney's Office announced that during a federal court session in Missoula, on April 23, 2010, before U.S. District Judge Donald W. Molloy, LINCOLN BENAVIDES, a 35-year-old resident of Boise, Idaho, appeared for sentencing. BENAVIDES was sentenced to a term of:

  • Prison: 300 months
  • Special Assessment: $200
  • Restitution: No restitution ordered
  • Supervised Release: 10 years

BENAVIDES was sentenced in connection with his guilty plea to conspiracy to distribute methamphetamine and distribution of methamphetamine.

In an Offer of Proof filed by Assistant U.S. Attorneys Joseph E. Thaggard and Tara J. Elliott, the government stated it would have proved at trial the following:

In approximately September 2000, agents of the Northwest Montana Drug Task Force (NWDTF), a drug task force operating in Lake and Flathead Counties, learned BENAVIDES was involved in the distribution of methamphetamine.

In December 2000, R.W., an informant for the NWDTF, stated that he was an associate of BENAVIDES. R.W. stated he, BENAVIDES, and T.K. (full name withheld to protect the identity of the individual) made multiple trips to Idaho to obtain methamphetamine. R.W. stated the methamphetamine was distributed to known drug dealers in the Flathead Valley.

On February 17, 2001, in Missoula, R.W., working with the NWDTF and the Montana Division of Criminal Investigation (MDCI), made a controlled purchase of methamphetamine from BENAVIDES.

Thereafter, R.W. introduced an undercover MDCI agent to BENAVIDES. On February 21, 2001, the undercover MDCI agent purchased approximately one quarter pound of a mixture or substance containing a detectable amount of methamphetamine from BENAVIDES in a controlled transaction in Lake County.

On March 5, 2001, BENAVIDES agreed to sell approximately three pounds of methamphetamine to the undercover MDCI agent. He met the agent at a location in Lake County and provided methamphetamine to the agent. BENAVIDES was arrested and he and his vehicle were searched. Collectively, approximately three pounds of a substance or mixture containing a detectable amount of methamphetamine was seized from BENAVIDES or his vehicle.

BENAVIDES was interviewed by agents of the NWDTF and the MDCI. BENAVIDES admitted that he and others were engaged in a conspiracy to distribute methamphetamine at various locations in Montana, mostly in western Montana. BENAVIDES also admitted that, as part of the conspiracy, he obtained methamphetamine in other states, then transported it to Montana, where it was distributed.

BENAVIDES was charged in state court with trafficking methamphetamine and released on bail. Following his release on bail, BENAVIDES continued to transport methamphetamine to Montana or had methamphetamine transported to Montana by couriers involved in the conspiracy.

In approximately November 2001, BENAVIDES fled from the United States into Mexico. He eventually settled in Texas, where he remained until March 2004.

During the time he was in Texas, BENAVIDES continued to distribute or had couriers distribute methamphetamine to K.S., located in western Montana.

In March 2004, BENAVIDES was arrested at a family function in Wisconsin and returned to Montana. Following BENAVIDES' arrest in March 2004, the FBI and other law enforcement agencies investigated the full scope of his drug trafficking activities between 1999 and 2004. During the course of that investigation, numerous sources confirmed that BENAVIDES conspired to distribute methamphetamine in Montana and did in fact distribute methamphetamine in Montana.

Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that BENAVIDES will likely serve all of the time imposed by the court. In the federal system, BENAVIDES 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 Federal Bureau of Investigation, the Ravalli County Sheriff's Office, the Missoula High Intensity Drug Trafficking Area (HIDTA) Task Force, the Northwest Montana Drug Task Force and the Montana Division of Criminal Investigation.

 

 

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