United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on August 13, 2013, by U.S. District Judge Roberto A. Lange.
Terry Flying By, age 51, was sentenced to 3 months of imprisonment, 2 years of supervised release, a $1,000 fine, and a $100 special assessment to the Federal Crime Victims Fund. The Court also ordered forfeiture of $8,377.68.
The charge stems from an incident in September 2012, wherein Cheyenne River law enforcement conducted a vehicle stop and learned from the driver that he had purchased marijuana from the Defendant’s residence in Eagle Butte. After obtaining a search warrant, law enforcement searched the residence and found marijuana, along with grinders, rolling papers, snort tubes, scales, roaches, and cash. Flying By admitted to the selling of marijuana in his home.
The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force and Cheyenne River Sioux Tribe Law Enforcement. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Flying By was immediately turned over to the custody of the U.S. Marshals Service.