Zachary Luther Davis Sentenced in U.S. District Cour
The United States Attorney's Office announced that during a federal court session in Missoula, on December 2, 2011, before U.S. District Judge Donald W. Molloy, ZACHARY LUTHER DAVIS, a 25-year-old resident of Helena, appeared for sentencing. DAVIS was sentenced to a term of:
Prison: 41 months
Special Assessment: $100
Supervised Release: 3 years
DAVIS 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 Paulette L. Stewart, the government stated it would have proved at trial the following:
On November 4, 2005, DAVIS was convicted of felony distribution of methamphetamine and unlawful user or addict of a controlled substance in possession of a firearm.
On April 4, 2011, DAVIS stole and possessed a Smith & Wesson .45 caliber pistol in Helena. DAVIS burglarized a bedroom and stole the firearm as it was contained in a small safe that DAVIS carried away from the residence. When DAVIS was arrested, the stolen pistol was inside the right saddle bag of his motorcycle - law enforcement officers watched DAVIS place the right saddle bag onto the motorcycle during their surveillance prior to his arrest. DAVIS was arrested on outstanding warrants.
An associate of DAVIS told law enforcement that he saw DAVIS with a silver handgun with black grips in his waistband on April 4th.
During recorded phone calls from jail, DAVIS admitted possession of the stolen pistol to his father. During a call on April 5th, DAVIS told his father, "Your piece is in the motorcycle, enjoy getting it back." During a call on April 7th, DAVIS told his father that he was looking at 20 years in prison for being a felon in possession of a firearm, so DAVIS wanted his father to get the motorcycle out of police custody.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that DAVIS will likely serve all of the time imposed by the court. In the federal system, DAVIS 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 Helena Police Department, the Lewis and Clark County Sheriff's Office, Montana Probation and Parole, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.