Bivian Mercado, Iii, Sentenced in U.S. District Court
The United States Attorney's Office announced that during a federal court session in Great Falls, on September 10, 2012, before U.S. District Judge Sam E. Haddon, BIVIAN MERCADO III, a 40-year-old resident of Fort Collins, Colorado, appeared for sentencing. MERCADO was sentenced to a term of:
Prison: 48 months
Special Assessment: $100
Supervised Release: 1 year
MERCADO was sentenced in connection with his guilty plea to use of a communication facility in facilitating the distribution of cocaine.
In an Offer of Proof filed by Assistant U.S. Attorney Paulette L. Stewart, the government stated it would have proved at trial the following:
From January 2009 until May 17, 2010, MERCADO used cellular telephones to facilitate the distribution of cocaine Cascade County and elsewhere.
During this time, MERCADO went by the nicknames of BB and Brian. Another individual, Jesse Edwards, called MERCADO after Edwards drove from Great Falls to Colorado to purchase cocaine from MERCADO. The telephone number used during that conversation belonged to a cell phone belonging to MERCADO.
MERCADO also drove from Colorado to Great Falls and other places in Montana to deliver cocaine. When in Montana, and during the time period alleged, MERCADO used yet another cellular telephone number to facilitate the distribution of cocaine.
MERCADO was responsible for distributing approximately 2.75 pounds or 41 ounces of cocaine. MERCADO used the above-referenced cell phones to assist in his distribution of the cocaine.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that MERCADO will likely serve all of the time imposed by the court. In the federal system, MERCADO 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 Great Falls/Central Montana High Intensity Drug Trafficking Area (HIDTA) Task Force, the Great Falls Police Department, the Cascade County Sheriff's Office, the Drug Enforcement Administration, and the U.S. Department of Homeland Security - Homeland Security Investigations.