Luis Guzman-hernandez Sentenced in U.S. District Cour
The United States Attorney's Office announced that during a federal court session in Billings, on November 30, 2011, before Chief U.S. District Judge Richard F. Cebull, LUIS GUZMAN-HERNANDEZ, a 31-year-old citizen of Mexico, appeared for sentencing. GUZMAN-HERNANDEZ was sentenced to a term of:
Prison: 62 months to run consecutively to the sentencing he received in CR 10-151-BLG-RFC.
Special Assessment: $ 100
Supervised Release: 3 years
GUZMAN-HERNANDEZ was sentenced in connection with his guilty plea to conspiracy to possess with the intent to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Vince Carroll, the government stated it would have proved at trial the following:
On November 2, 2010, and on November 18, 2010, there was an agreement between GUZMAN-HERNANDEZ and Susan LaForge to commit the crime of possession of methamphetamine with intent to distribute, and that GUZMAN-HERNANDEZ knowingly became a member of this conspiracy knowing of at least one of its objects and intending to help accomplish that object.
On November 2, 2010, GUZMAN-HERNANDEZ's girlfriend, Susan LaForge, contacted a confidential source regarding the sale of methamphetamine. The confidential source and LaForge set up a meeting for later that day whereby the confidential source would purchase methamphetamine from LaForge at a parking lot in the Heights in Billings. At approximately 8:40 p.m. on the evening of November 2, 2010, the confidential source received a text message from LaForge stating, "I'm a run in n grab some pampers give the money to Luis [GUZMAN-HERNANDEZ] hes sittin in the truck - Susan LF." The confidential source was able to purchase 6.1 grams of methamphetamine for $800 from LaForge and GUZMAN-HERNANDEZ on November 2, 2010, in a parking lot in the Heights in Billings.
On November 18, 2010, LaForge again contacted the confidential source regarding the sale of methamphetamine. The confidential source and LaForge again set up a meeting for later that evening whereby the confidential source would purchase methamphetamine at the same parking lot in the Heights in Billings. That evening, at approximately 8:00 p.m. in the parking lot, the confidential source pulled up next to a Dodge minivan. GUZMAN-HERNANDEZ got out of the driver's side of the van and walked over to the confidential source's vehicle. GUZMAN-HERNANDEZ handed the confidential source an envelope that contained 6.8 grams of methamphetamine. The confidential source handed GUZMAN-HERNANDEZ $800 in cash.
Both transactions were recorded using a recording device. The purchased substances were analyzed and confirmed to be methamphetamine.
LaForge pled guilty to federal charges and is awaiting sentencing.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that GUZMAN-HERNANDEZ will likely serve all of the time imposed by the court. In the federal system, GUZMAN-HERNANDEZ 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 Indian Affairs.