United States Attorney Brendan V. Johnson announced that Raymond Flute, age 27, of Rapid City, and Jane Big Eagle, age 22, of Lower Brule, appeared before United States District Judge Roberto A. Lange on December 13, 2011. Flute pled guilty to a superseding indictment that charged him with possession with intent to distribute marijuana. The maximum penalty upon conviction is 5 years in custody, a $250,000 fine, or both. Big Eagle pled guilty to a superseding information that charged her with misdemeanor possession of marijuana. The maximum penalty upon conviction is 1 year in custody, a minimum fine of $1,000 but not more than $100,000, or both.
On April 23, 2010, BIA Lower Brule Officer Marlin Mousseau stopped a vehicle for speeding. Raymond Flute, the driver of the vehicle, and Jane Big Eagle, the passenger and the owner of the vehicle, were arrested. An inventory search revealed a Crown Royal bag filled with 44 individually wrapped baggies of marijuana in the locked glove compartment.
The investigation was conducted by the BIA, Lower Brule Agency, and the Northern Plains Safe Trails Drug Enforcement Task Force. The case is being prosecuted by Assistant United States Attorney Jay Miller.
Presentence investigations were ordered. A sentencing date for Flute was set for March 5, 2012; the sentencing date for Jane Big Eagle was set for January 30, 2012. Big Eagle was detained pending sentencing. Flute was released pending sentencing.