News and Press Releases

Raul Garcia Sentenced in U.S. District Cour

Thursday, February 02, 2012

The United States Attorney's Office announced that during a federal court session in Billings, on February 2, 2012, before Chief U.S. District Judge Richard F. Cebull, RAUL GARCIA, a 41-year-old resident of Hardin, appeared for sentencing. GARCIA was sentenced to a term of:

Prison: 87 months

Special Assessment: $100

Supervised Release: 5 years

GARCIA was sentenced in connection with his guilty plea to conspiracy to distribute methamphetamine.

In an Offer of Proof filed by Assistant U.S. Attorney Lori H. Suek, the government stated it would have proved at trial the following:

The Bureau of Indian Affairs Drug Enforcement Division has been involved in an ongoing investigation related to the distribution of methamphetamine in and around the Crow Indian Reservation. As part of that investigation, GARCIA was identified as a distributor and a supplier of methamphetamine to his on again/off again girlfriend, Danetta Old Elk.

Old Elk was interviewed on October 14, 2010. She admitted that she met GARCIA in August 2007 and that GARCIA moved into her residence in Hardin at that time. GARCIA and Old Elk then began obtaining and distributing methamphetamine. This information was corroborated by numerous witnesses who knew Old Elk's supplier of methamphetamine was GARCIA. These witnesses purchased methamphetamine from Old Elk knowing that the methamphetamine was supplied to her by GARCIA.

In September 2008, GARCIA and Old Elk split up until January 2009. They then got back together and made trips to Dallas, Texas. On the first trip, they obtained one kilogram of methamphetamine and then, after the first transaction, they obtained two kilograms of methamphetamine every other week for a period of time. Old Elk admitted that she distributed methamphetamine through August 2009.

On March 24, 2009, a confidential source purchased 3.4 grams of methamphetamine (57% pure) from Old Elk in Hardin. Old Elk was driving GARCIA's black truck during the transaction.

Old Elk pled guilty to federal charges and has been sentenced.

Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that GARCIA will likely serve all of the time imposed by the court. In the federal system, GARCIA 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.



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