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Richard Giles Flor, Justin Lane Flor, and Sherry Lyn Flor Sentenced in U.S. District Cour

FOR IMMEDIATE RELEASE
Thursday, April 19, 2012

The United States Attorney's Office announced that during a federal court session in Helena, on April 19, 2012, before Senior U.S. District Judge Charles C. Lovell, RICHARD GILES FLOR, age 68, JUSTINE LANE FLOR, age 34, and SHERRY LYNN FLOR, age 54, residents of Miles City, appeared for sentencing.

RICHARD FLOR was sentenced in connection with his guilty plea to conspiracy to maintain a drug-involved premises to a term of:

Prison: 60 months

Special Assessment: $100

Forfeiture: the family residence in Miles City, Montana, firearms, cash seized, and issuance of a $288,000 money judgment

Supervised Release: 3 years

JUSTIN LANE FLOR was sentenced in connection with his guilty plea conspiracy to manufacture, distribute, and possess with intent to distribute marijuana to a term of:

Prison: 60 months

Special Assessment: $100

Forfeiture: the family residence in Miles City, Montana, firearms, cash seized, and issuance of a $288,000 money judgment

Supervised Release: 4 years

SHERRY FLOR was sentenced in connection with her guilty plea to conspiracy to manufacture, distribute, and possess with intent to distribute marijuana to a term of:

Prison: 24 months

Special Assessment: $200

Forfeiture: the family residence in Miles City, Montana, firearms, cash seized, and issuance of a $288,000 money judgment

Supervised Release: 4 years

RICHARD and JUSTIN were remanded into custody and SHERRY was released until there is a designation to a Board of Prison facility.

In an Offer of Proof filed by Assistant U.S. Attorneys Joseph E. Thaggard, Paulette L. Stewart, and Jessica T. Fehr, the government stated it would have proved at trial the following:

A Cooperating Witness, CW1, would have testified that as far back as 2006, the FLORS and others manufactured marijuana at an annual outdoor grow operation maintained on the premises of FLORS' home in Miles City. CW1 would have testified the FLORS and others stored the marijuana at the FLOR home and distributed it to others, including CW1 and his/her customers.

A Drug Enforcement Administration (DEA) agent would have testified that, in July 2007, he observed over thirty marijuana plants growing in the yard of the FLORS' home in Miles City.

DEA agents would have testified they purchased approximately four ounces of marijuana from RICHARD during a transaction that occurred at the FLORS' residence on October 27, 2007.

A DEA agent would have testified that in October 2008, he observed a photograph from a Montana newspaper that showed more than 20 marijuana plants growing in the yard of the FLORS' residence in Miles City.

CW1 would have testified that, in early 2009, CW1 and others, including those affiliated with the marijuana production facility at the FLORS' residence, decided to expand their manufacture and distribution of marijuana in Montana to locations outside of Miles City. Ultimately, commencing in 2009, those involved in the conspiracy grew marijuana at the FLORS' residence in Miles City and at least one location near Three Forks, as well as a series of large greenhouses located in Helena. Once manufactured, the marijuana was distributed from various points, including locations in Helena, Missoula, Billings, and the FLORS' residence in Miles City.

A DEA agent would have testified that, in 2010, he, along with special agents of the Internal Revenue Service (IRS) and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) began an investigation of the conspiracy described in the preceding paragraphs. He would have testified the investigation continues as of this date.

Cooperating Witness 2 (CW2) would have testified that he/she assisted members of the conspiracy to manage money generated by the sale of the marijuana. CW2 would have testified that members of the conspiracy deposited money earned from the sale of marijuana manufactured during the conspiracy into bank accounts, including Wells Fargo Bank account number xxxxx4966. CW2 would have testified money from the Wells Fargo Bank Account was then transferred to another bank account or accounts. CW2 would have testified that, once in the latter accounts, the money was used to promote the unlawful conspiracy by providing compensation to the coconspirators or providing funds to finance the continued production and distribution of marijuana.

An Internal Revenue Service (IRS) agent would have testified he examined bank records related to the conspiracy. He would have testified that, ultimately, in excess of $1,000,000 was deposited in the various bank accounts employed to promote the conspiracy.

Numerous special agents of the DEA, IRS, ATF, FBI, EPA-CID, and the Department of Homeland Security would have testified that, on March 14, 2011, they searched the FLORS' Miles City residence and the greenhouses located in Helena, as well as locations in Billings, Helena, and Missoula from which marijuana was distributed.

The agents would have testified they seized approximately 950 marijuana plants from the greenhouses in Helena. The agents would have testified they also seized a number of firearms from that facility as well.

The agents would have testified they seized marijuana ready for sale from distribution points maintained by the conspirators in Helena, Missoula, and Billings, as well as the FLORS' home in Miles City. The agents would have testified they also seized a number of firearms from the FLORS' home in Miles City.

A representative of Wells Fargo Bank would have testified the bank is engaged in interstate commerce. The representative would have testified that, on April 16, 2011, $7,517 was deposited in Wells Fargo Bank account number xxxxx4966 during a financial transaction that occurred at a branch bank in Forsyth.

DEA agents would have testified that they arrested the FLORS at their Miles City home on June 29, 2011, following the return of the grand jury's initial indictment. The agents would have testified that, during the course of the arrest, they discovered more marijuana in the FLORS' home and that the marijuana appeared to be intended for distribution.

Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that they will likely serve all of the time imposed by the court. In the federal system, they do 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 following federal, state and local law enforcement agencies: the Drug Enforcement Administration, U.S. Immigration and Customs Enforcement's Homeland Security Investigations, Criminal Investigation Division of the Internal Revenue Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, the Environmental Protection Agency-Criminal Investigation Division, U.S. Customs and Border Protection-Border Patrol, and the Occupational Safety and Health Administration. These federal agencies were assisted by local High Intensity Drug Trafficking Area task forces, the Northwest Drug Task Force, the Kalispell Police Department, the Flathead County Sheriff's Office, the Missoula Police Department, the Missoula County Sheriff's Office, the Missoula High Intensity Drug Trafficking Area (HIDTA) Task Force, the Great Falls Police Department, the Cascade County Sheriff's Office, the Central Montana Drug Task Force, the Billings Police Department, the Yellowstone County Sheriff's Office, the Eastern Montana High Intensity Drug Trafficking Area (HIDTA) Task Force, the Dillon Police Department, the Beaverhead County Sheriff's Office, the Park County Sheriff's Office, the Bozeman Police Department, the Gallatin County Sheriff's Office, the Belgrade Police Department, the Missouri River Drug Task Force, the Helena Police Department, the Lewis & Clark Sheriff's Office, and the Eastern Montana Drug Task Force - Miles City.

 

 

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