United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota, man charged with Failure to Appear pled guilty and was sentenced on May 13, 2014, by U.S. Magistrate Judge Mark A. Moreno.
David Andrews, age 33, was sentenced to 6 months of custody to be served consecutive to the sentence imposed in another federal case, and a $25 special assessment to the Federal Crime Victims Fund.
Andrews was indicted on July 18, 2012, for Possession with Intent to Distribute a Controlled Substance. He appeared with his attorney in front of U. S. Magistrate Judge Mark Moreno on August 6, 2012, and was detained.
On February 21, 2013, Andrews pled guilty to a Superseding Information charging him with Possession of a Controlled Substance. During the change of plea hearing, Andrews was notified that sentencing was scheduled for Monday, May 6, 2013, at the U.S Courthouse in Pierre. Following the change of plea hearing, Andrews was released on a Personal Recognizance Bond pending sentencing. He signed the Order Setting Conditions of Release on February 22, 2013, indicating he understood that failure to appear for court could lead to prosecution, and that he needed to appear as directed by the Court.
Andrews failed to appear on May 6, 2013, as directed, and the Court noted his absence at the sentencing hearing. The District Court allowed Andrews an additional 24 hours to appear, but he failed to do so. His whereabouts were unknown until February 19, 2014, when he was arrested in Sioux Falls.
The investigation was conducted by the U.S. Marshals Service. The case was prosecuted by Assistant U.S. Attorney Jay Miller.
Andrews was remanded to the custody of the U.S. Marshals Service.