Daniel Ray Newby Sentenced in U.S. District Court
The United States Attorney's Office announced that during a federal court session in Billings, on July 11, 2012, before U.S. District Judge Dana L. Christensen, DANIEL RAY NEWBY, a 38-year-old resident of Polson, formerly of Billings, appeared for sentencing. NEWBY was sentenced to a term of:
Prison: 12 months and 1 day
Special Assessment: $500
Supervised Release: 3 years
NEWBY was sentenced in connection with his guilty plea to (3) counts of unlawful user of controlled substance in possession of a firearm, and (2) counts of distribution of marijuana.
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:
NEWBY was a habitual user of controlled substances, including marijuana and methamphetamine. His drug use had been sufficiently consistent, prolonged and close in time to his gun possession to put him on notice that he qualified as an unlawful user of drugs. He has a medical marijuana card and discussed regularly with an undercover agent his regular and continued drug use, and how he was often stoned.
Officers responded to his home on one occasion due to his drug use where he had a marijuana grow operation. During some of the transactions, NEWBY was clearly under the influence of drugs.
On December 19, 2010, NEWBY sold an undercover agent a Glock model 22 .40 caliber semi-auto pistol.
On December 27, 2010, NEWBY sold an undercover agent a Smith and Wesson model 17-4 .22 caliber revolver and a small amount of marijuana, a Schedule I controlled substance.
On December 28, 2010, NEWBY sold an undercover agent an ounce of marijuana, a Schedule I controlled substance.
On January 24, 2011, NEWBY sold an undercover agent a Colt Peacemaker .22 caliber revolver.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that NEWBY will likely serve all of the time imposed by the court. In the federal system, NEWBY 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 Alcohol, Tobacco, Firearms and Explosives.