THOMAS FREDERICK DAUBERT, JR. SENTENCED IN U.S. DISTRICT COURT
The United States Attorney's Office announced that during a federal court session in Missoula, on September 6, 2012, before U.S. District Judge Dana L. Christensen, THOMAS FREDERICK DAUBERT, JR., a 59-year-old resident of Helena, appeared for sentencing. DAUBERT was sentenced to a term of:
Probation: 5 years
Special Assessment: $100
Community Service: 300 hours
DAUBERT was sentenced in connection with his guilty plea to conspiracy to maintain drug-involved premises.
In an Offer of Proof filed by Assistant U.S. Attorneys Joseph E. Thaggard and Paulette L. Stewart, the government stated it would have proved at trial the following:
A cooperating witness (CW1) would have testified that Richard Flor, Sherry Flor, and Justin Flor manufactured marijuana at an annual outdoor grow operation maintained on the premises of the Flor residence in Miles City during a time period that included the years 2009 and 2010.
CW1 would have testified that, in early 2009, CW1 and others, including DAUBERT, decided to join the Flors in the manufacture and distribution of marijuana in Montana. Ultimately, commencing in approximately April 2009, those involved in the conspiracy grew marijuana at the Flor residence in Miles City and at least one location near Three Forks, as well as at a series of large greenhouses comprising the State Nursery Building, located in Helena. Once manufactured, the marijuana was distributed from various points, including locations in Helena, Missoula, Billings, and the Flor residence in Miles City. The undertaking operated under the name "Montana Cannabis."
As part of the investigation, another cooperating witness (CW2) was interviewed and 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. CW2 would have testified that, once in the bank accounts, the money was used to promote the conspiracy by providing compensation to the coconspirators or providing funds to finance the continued production and distribution of marijuana.
An IRS agent would have testified he examined bank records related to the conspiracy and that in excess of $1,000,000 was deposited in the various bank accounts employed to promote the conspiracy.
Testimony would have shown that the conspiracy involved the manufacture of at least 1,000 marijuana plants and at least 100 kilograms of a substance containing a detectable amount of marijuana during this time frame.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that DAUBERT will likely serve all of the time imposed by the court. In the federal system, DAUBERT 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 Drug Enforcement Administration, the Criminal Investigation Division of the Internal Revenue Service, and the High Intensity Drug Trafficking Area (HIDTA) Task Force.