Franklyn Don Hammontree Sentenced in U.S. District Court
The United States Attorney's Office announced that during a federal court session in Billings, on September 19, 2013, before U.S. District Judge Donald W. Molloy, FRANKLYN DON HAMMONTREE, a 40-year-old resident of Billings, was sentenced to a term of:
- Prison: 15 months, concurrent with a state sentencing
- Special Assessment: $100
- Supervised Release: 3 years
HAMMONTREE was sentenced in connection with his guilty plea to being a felon-in-possession of a firearm.
In an Offer of Proof filed by Assistant U.S. Attorney Kris A. McLean, the government stated it would have proved at trial the following:
On August 30, 2012, a Montana Thirteenth Judicial District Court Judge issued a bench warrant of arrest for HAMMONTREE for alleged violations of his probation and absconding from supervision. His parole officer received information that HAMMONTREE was staying at a local Billings hotel.
On September 27, 2012, HAMMONTREE was arrested at the hotel and a search of his belongings was authorized by the probation officer. Included with his belongings was a backpack that HAMMONTREE admitted was his. A Hi-Point pistol and two loaded magazines were found inside. He immediately made the statement, "that's my protection cause my brother got shot last night." The officers seized the pistol, a Hi-Point, Model C9, 9mm Luger and magazines.
At the time of his arrest on September 27, 2012, HAMMONTREE was a convicted felon on state supervision for a felony drug offense and therefore prohibited from possessing firearms or ammunition.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that HAMMONTREE will likely serve all of the time imposed by the court. In the federal system, HAMMONTREE 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.