The United States Attorney's Office announced that during a federal court session in Missoula on January 14, 2010, before U.S. District Judge Donald W. Molloy, DANIEL WILSON NANIA, a 22-year-old resident of Spokane, Washington, appeared for sentencing. NANIA was sentenced to a term of:

• Prison: 84 months

• Special Assessment: $400

• Restitution: $12,474.81

• Supervised Release: 6 years

NANIA was sentenced in connection with his guilty plea to robbery involving controlled substances.

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

On January 31, 2009, February 21, 2009, and March 3, 2009, NANIA entered a Walgreens Pharmacy in Missoula, brandished a weapon and demanded narcotics from the pharmacist.

NANIA took money and assorted prescription medications including, Oxycontin, Oxycodone, Ritalin, Percodan, and Alprazolam. The value of the Oxycontin alone was more than $500.

In the first robbery on January 31st, NANIA was described as a white male adult in his 20's, 6'0" to 6'1", 180 pounds, brown eyes, wearing a dark two-tone jacket with a white stripe on the sleeves, a black "hoody" with the hood pulled over his face, black/gray gloves, dark pants, and dark shoes. It was also described that he brandished a black semi-automatic handgun which was in the front waistband of his pants.

The pharmacist working at the time (hereinafter "W1") stated NANIA approached her in the pharmacy and pushed a handwritten note across the counter. The note had a list of medications on it and NANIA stated, "I want Xanax and Oxycontin." NANIA then pulled the note back with his right hand.

W1 got the drugs requested and put them in a white plastic Walgreens bag. NANIA then stated, "give me all your cash." W1 had problems opening the register. NANIA yelled at her and lifted up the front of his shirt and showed her a pistol in his waistband. W1 opened the register and put money in a different white plastic Walgreens bag and handed it to NANIA. Then NANIA said, "look under the drawer." W1 then lifted the drawer, but there was no money there. NANIA took the bags and left the business through the front door.

In the second robbery on February 21st, NANIA was described as a white male adult 22-24 years of age, 5'11" to 6'0", wearing a dark jacket, black pants, black shoes with white logo, white knit hat with assorted colored ear warmers and a draw string off of each ear.

At the second robbery, another pharmacist (hereinafter "W2") was present. The subject handed W2 a note stating, "Oxycontin and Xanax or I'll blow your head OFF NOW!" W2 grabbed the note and took it to the back of the pharmacy and put it on the counter. W2 grabbed the listed medications and put them in a Walgreens white plastic bag. NANIA told W2 to get the money from the register. W2 had trouble getting the register open. NANIA lifted the front of his shirt and showed W2 the weapon in his waistband and told W2 to hurry up. W2 opened the register and gave NANIA the money. NANIA left the business through the front doors.

During the third robbery on March 3rd, NANIA was described as a white male adult, 22 to 24 years of age, 5'11" to 6'0", wearing a two-tone dark jacket with a white stripe on the front and back of the sleeves with the stripe going across the upper back of the jacket (same jacket as the first robbery), camouflage pants, black shoes, dark baseball cap, large dark sunglasses, with a large black container of pepper spray or bear mace and a black semi-automatic handgun.

NANIA entered the Walgreens and immediately approached the front clerk and pointed the pepper spray container at the clerk and ordered the clerk to the ground. Then NANIA ordered the clerk to get the cash from the register. The clerk complied and NANIA ordered the clerk to the ground and then went to the pharmacy.

Again, W1 was working at Walgreens and NANIA pointed a gun at W1 and ordered her to get him Xanax and Oxycontin. W1 complied and put the medications in a white Walgreens plastic bag. NANIA walked away but then brought the manager back to the pharmacy at gun point. NANIA forced the manager and W1 into the pharmacy at gun point and ordered them to the ground. NANIA then demanded all of the Oxycontin. W1 rose on her knees and started to throw all of the medications into the same plastic bag. NANIA forced both of them to lay down on their stomachs and stay there or he would shoot them. NANIA slid over the counter and ran out of the business.

On February 24, 2009, detectives from the Missoula City Police Department requested that the note recovered from the second robbery be sent to the crime lab and tested for latent prints.

On March 3, 2009, the detectives were advised that a latent print had been located and was the right thumb print of NANIA.

On March 4, 2009, a search warrant was issued and executed on a residence in Missoula. NANIA was at the residence at the time.

During a search of the residence, numerous one gallon plastic zip lock bags and assorted pill bottles containing what is estimated to be over 10,000 various prescription pills were recovered, as well as numerous empty bulk sized controlled substance pill bottles without patient labeling; a black plastic garbage bag containing a dark colored jacket with a stripe, camouflaged pants, hiking boots, a B.B. hand-gun, and sunglasses, all of which were consistent with the descriptions provided by witnesses. Also found in the plastic garbage bag was what appeared to be human hair clippings and numerous empty bulk sized controlled substance pill bottles without patient labeling. All items were seized from a common area of the residence in the basement, adjacent to the only downstairs bedroom which belonged to NANIA. A canister of bear pepper spray, pill bottles containing a mixture of numerous prescription pills with and without patient labeling, approximately $3,132, hair clippers and what appeared to be hair clippings consistent with the hair clippings found in the black garbage bag were located in NANIA'S bedroom.

Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that NANIA will likely serve all of the time imposed by the court. In the federal system, NANIA 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 Drug Enforcement Administration and the Missoula City Police Department.

 

 

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