Daniel Walter Seyfert Sentenced in U.S. District Cour
The United States Attorney's Office announced that during a federal court session in Great Falls, on July 19, 2010, before U.S. District Judge Sam E. Haddon, DANIEL WALTER SEYFERT, a 55-year-old resident of Great Falls, appeared for sentencing. SEYFERT was sentenced to a term of:
- Prison: 26 months
- Special Assessment: $100
- Supervised Release: 3 years
SEYFERT was sentenced in connection with his guilty plea to being a felon-in-possession of a firearm.
In an Offer of Proof filed by Special Assistant U.S. Attorney Kory Larsen, the government stated it would have proved at trial the following:
On January 21, 2009, a detective with the Great Falls Police Department learned from a reliable confidential source, that an individual on probation, SEYFERT, had possession of two handguns at his residence.
After the detective confirmed SEYFERT's probation status, the detective and state probation officers went to SEYFERT's home to conduct a probation search.
SEYFERT answered their knock and when asked about the gun, told one of the probation officers that he had a loaded gun in his dresser.
During the search, officers found a loaded .45 caliber handgun and 70+ rounds of ammunition. The serial number was partially removed and only the letter W remained on the gun. The gun was found in the dresser drawer where SEYFERT had told them it would be found.
When interviewed, SEYFERT admitted he knew the gun was in the home and that he had handled it and cleaned it. SEYFERT also admitted he knew he was not allowed to be in possession of any firearms, but stated he did not know simply having the gun in the home was enough for him to be in constructive possession of it. SEYFERT stated that he had no idea how the serial number had been removed.
SEYFERT's girlfriend was interviewed and said the gun was hers, but also said SEYFERT gave it to her about three years ago. She also had no idea how the serial number was removed.
SEYFERT had previously been convicted of a felony bad check offense in Flathead County and his probation had been revoked twice for prior violations, thereby prohibiting him from possessing firearms.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that SEYFERT will likely serve all of the time imposed by the court. In the federal system, SEYFERT 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 Great Falls Police Department, Montana Probation and Parole, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.