Kevin Falcon Sentenced in U.S. District Cour
The United States Attorney's Office announced that during a federal court session in Great Falls, on May 17, 2010, before U.S. District Judge Sam E. Haddon, KEVIN FALCON, a 43-year-old resident of Poplar, appeared for sentencing. FALCON was sentenced to a term of:
- Prison: 110 months
- Special Assessment: $100
- Restitution: $50
- Supervised Release: 3 years
FALCON was sentenced in connection with his guilty plea to being a felon-in-possession of a firearm.
In an Offer of Proof filed by Assistant U.S. Attorney Rebekah J. French, the government stated it would have proved at trial the following:
At approximately 10:30 a.m. on October 18, 2008, a resident of Poplar called the police and reported that FALCON had stolen his 2006 silver Ford extended-cab truck, containing three rifles. Earlier that morning, Fort Peck Tribal Police officers saw someone waiving a rifle on Anaconda Street in Wolf Point. They reported the incident to the Wolf Point Police Department and a patrol officer made contact with two males - FALCON and another man, who were standing near a 2006 Ford 4-door truck. When asked about the rifles, the other man stated that FALCON was offering to sell him the rifles. FALCON claimed the rifles belonged to him and were empty. An officer checked the rifles, which were both loaded. The officer seized the rifles but told FALCON he would return them when FALCON was sober. The officer later learned that FALCON had sold one rifle to the man who had been with him on the morning of October 18th. When the officer confirmed that all three rifles had been reported stolen, he retrieved the third rifle from the man to whom FALCON had sold the rifle.
On December 5, 2008, a Roosevelt County Deputy Sheriff questioned FALCON. FALCON admitted that he borrowed a friend's silver Ford pickup to give another friend a ride to his house in Poplar. After dropping his friend off, FALCON drove the pickup to Wolf Point, where he stopped to show another man two rifles that he had seen in the back of the pickup. FALCON remembers an officer confiscating the two rifles, but did not remember how he and the pickup got to Billings, where he was arrested on October 22, 2008.
FALCON had previously been convicted of two Class C felonies in Washington State, which therefore prohibited him from possession of firearms.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that FALCON will likely serve all of the time imposed by the court. In the federal system, FALCON 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 Bureau of Alcohol, Tobacco, Firearms and Explosives, the Fort Peck Tribes Criminal Investigation Division, and the Billings Police Department.