United States Attorney Brendan V. Johnson announced that a man and a woman from Eagle Butte, South Dakota, were sentenced on July 22, 2013, by U.S. District Judge Roberto A. Lange.
Lena Flying By, age 46, charged with Possession with Intent to Distribute a Controlled Substance, was sentenced to 1 week of imprisonment, a $1,000 fine, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Earl Grindstone, age 28, charged with Distribution of a Controlled Substance, was sentenced to 1 month of imprisonment, a $1,000 fine, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Flying By and Grindstone were indicted by a federal grand jury on February 13, 2013. The charges stem from an incident occurring between September 1, 2012, and September 2, 2012, when Cheyenne River law enforcement conducted a vehicle stop and learned from the driver that he had purchased marijuana from a residence in Eagle Butte. After obtaining a search warrant, law enforcement searched the residence and found marijuana along with other drug paraphernalia. Flying By admitted to aiding and abetting the selling of marijuana in her home and Grindstone admitted to selling marijuana.
A third defendant, Terry Flying By, also of Eagle Butte, convicted of Possession with Intent to Distribute a Controlled Substance, will be sentenced on August 19, 2013.
The investigation was conducted by Cheyenne River Sioux Tribe Law Enforcement and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Flying By is to self-report by August 5, 2013, to serve her one-week sentence and Grindstone was to self-report on July 23, 2013, to start serving his one-month sentence.