Michael Lynn Magner Sentenced in U.S. District Court
The United States Attorney's Office announced that during a federal court session in Billings, on August 1, 2012, before Senior U.S. District Judge Jack D. Shanstrom, MICHAEL LYNN MAGNER, a 39-years-old resident of Sanders, appeared for sentencing. MAGNER was sentenced to a term of:
Prison: 18 months
Special Assessment: $100
Supervised Release: 7 years
MAGNER was sentenced in connection with his guilty plea to failure to register as a sexual offender.
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:
On October 23, 1995, MAGNER was convicted of lascivious acts with a child in the State of Iowa. Based upon this conviction, MAGNER is required to register as a sex offender.
On September 14, 2007, MAGNER registered as a sex offender with the Flathead County Sheriff's Office. During the registration process, MAGNER acknowledged his requirement to register as a sex offender including notifying the appropriate authorities of any change of address including relocating out of state.
On February 11, 2011, MAGNER was listed as a non-compliant sex offender by the Montana Sex and Violent Offender Registry.
On March 3, 2011, an arrest warrant for MAGNER was issued.
On April 13, 2011, MAGNER was arrested in Morgan County, Colorado. Flathead County chose not to pursue extradition. MAGNER was subsequently charged and convicted of misdemeanor failure to register as a sex offender in Morgan County. While incarcerated in May of 2011, MAGNER registered as a sex offender with Morgan County.
On September 6, 2011, MAGNER updated his registration status with Morgan County. MAGNER advised he would be relocating to Buffalo, Wyoming.
On September 9, 2011, MAGNER was arrested in Johnson County, Wyoming for failure to register as a sex offender based upon the Flathead County warrant. Flathead County again chose not to pursue extradition.
On September 11, 2011, MAGNER registered as a sex offender with the Johnson County Sheriff's Department in Buffalo, Wyoming.
On an unknown date after September 13, 2011, MAGNER traveled to Montana, where he resided in the Treasure County, Montana area.
In approximately October of 2011, MAGNER was working as a ranchhand on a ranch in Treasure County. After his arrival in Treasure County, MAGNER began residing at a known address in Sanders. MAGNER continued to reside at the address until his arrest on February 8, 2012 by the Treasure County Sheriff's Office. MAGNER did not register as a sex offender with Treasure County at any time after his arrival in Treasure County. MAGNER failed to notify the appropriate authorities in Montana at any time following his arrival.
The Montana Sexual and Violent Offender Registry confirmed that MAGNER had not updated his registration as required by law, and the Treasure County Sheriff's Office also verified that MAGNER had not registered through their office. The Montana Sexual and Violent Offender Registry confirmed that MAGNER is currently out of compliance with Montana's Sexual Offender Registry requirements and has been so since February of 2011.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that MAGNER will likely serve all of the time imposed by the court. In the federal system, MAGNER 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 U.S. Marshals Service.