John Gavin Malizia Sentenced in U.S. District Cour
The United States Attorney's Office announced that during a federal court session in Missoula, on July 22, 2010, before U.S. District Judge Donald W. Molloy, JOHN GAVIN MALIZIA, a 47-year-old resident of Helena, appeared for sentencing. MALIZIA was sentenced to a term of:
- Probation: 5 years
- House Arrest: 6 months
- Special Assessment: $100
MALIZIA 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 Tara J. Elliott, the government stated it would have proved at trial the following:
On October 13, 2003, MALIZIA was convicted of a crime punishable by imprisonment for a term exceeding one year under the laws of the State of Washington, which thereby prohibited him from possession of firearms.
On February 2, 2009, MALIZIA possessed and pawned a Mossberg 12 gauge shotgun in Helena and then attempted to redeem the same.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that MALIZIA will likely serve all of the time imposed by the court. In the federal system, MALIZIA 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 the Bureau of Alcohol, Tobacco, Firearms and Explosives.