Robert Timothy Swank, Sr. Sentenced in U.S. District Cour
The United States Attorney's Office announced that during a federal court session in Billings, on March 17, 2011, before Chief U.S. District Judge Richard F. Cebull, ROBERT TIMOTHY SWANK, SR., a 52-year-old resident of Crow Agency, appeared for sentencing. SWANK was sentenced to a term of:
Prison: 151 months
Special Assessment: $100
Supervised Release: 10 years
SWANK was sentenced in connection with his guilty plea to abusive sexual contact.
In an Offer of Proof filed by Assistant U.S. Attorney Marcia K. Hurd, the government stated it would have proved at trial the following:
In the early morning hours of June 23, 2010, SWANK's wife contacted law enforcement agents in Crow Agency to report that her husband had sexually abused a female child (d/o/b -/-/02) at the couple's home. His wife reported that the child disclosed to her that SWANK had sexually abused her and she then called law enforcement. SWANK's wife had earlier found the child seated on SWANK's lap while watching television and it appeared that her pants were down. The child got off SWANK's lap and pulled up her pants, stating "Look [ ... ], my butt's wet." SWANK appeared to be adjusting his pants.
The child was interviewed several times and also was examined medically. She confirmed that SWANK had touched her vaginal area with his hands and penis on several occasions while she stayed at his home during the weekend of June 21-23, 2010. The medical evaluation found debris over the child's vulva and perineum and small superficial abrasions were observed in the child's rectum.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that SWANK will likely serve all of the time imposed by the court. In the federal system, SWANK 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 and the Bureau of Indian Affairs.