Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Billings, on September 11, 2009, before Chief U.S. District Judge Richard F. Cebull, DANIEL SCOTT MICHAELIS, a 23-year-old resident of Billings, appeared for sentencing. MICHAELIS was sentenced to a term of:

• Prison: 24 months

• Special Assessment: $100

• Forfeiture: video camera

• Supervised Release: 2 years

MICHAELIS was sentenced in connection with his guilty plea to violation of record keeping requirements.

In an Offer of Proof filed by Assistant U.S. Attorney Marcia K. Hurd, the government stated it would have proved at trial the following:

In May of 2007, the U.S. Immigration and Customs Enforcement received information that MICHAELIS, then age 22, had produced a videotape of himself engaged in sexual activity with his then-girlfriend, who was 16 at the time. The tape was made in November or December of 2006. The tape, labeled "Daniel's Movie XXX" and the video camera used to produce the tape, were seized by the Billings Police Department. Both items traveled in interstate commerce to arrive in Montana where they were used to produce the images. MICHAELIS did not create and maintain individually identifiable records pertaining to every person portrayed in the videotape.

When questioned, MICHAELIS admitted that he had made the videotape. No such required records have been found.

Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that MICHAELIS will likely serve all of the time imposed by the court. In the federal system, MICHAELIS does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.

The investigation was a cooperative effort between the U.S. Immigration and Customs Enforcement and the Billings Police Department.

 

 

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