United States Attorney Brendan V. Johnson announced that a Lower Brule man charged with Possession with Intent to Distribute Marijuana was sentenced on October 25, 2011, by United States District Judge Roberto A. Lange. Vincent Battese, age 25, was sentenced to 6 months in custody, 2 years of supervised release, and a $100 special assessment to the Victim Assistance Fund.
Vincent Battese was indicted for Possession with Intent to Distribute Marijuana by a federal grand jury on February 8, 2011. On October 26,2009, a Lower Brule K-9 police officer initiated a traffic stop on a vehicle driven by Battese. Battese attempted to elude the officer by parking in a driveway and running into a house. The officer pursued Battese into the residence. Battese was arrested and found to be in possession of nine baggies containing 1.95 ounces/55.3 grams of marijuana.
On November 9, 2009, agents with the Northern Plains Safe Trails Drug Enforcement Task Force executed a search warrant at Vincent Battese's residence. During the search they found a Western Union receipt for $976, a digital scale, a hand scale, a grinder that tested positive for marijuana, two cell phones, an empty pistol magazine, phone and bank records, and marijuana roaches and joints. The drug quantity attributed to Battese was at least 250 grams, but less than 1 kilogram, of marijuana.
Battese pled guilty to Possession with Intent to Distribute a Controlled Substance on August 16, 2011.
This case was investigated by the Lower Brule Agency of the Bureau of Indian Affairs and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant United States Attorney Jay Miller prosecuted the case.
Battese was immediately turned over to the custody of the United States Marshal to begin serving his sentence.