The United States Attorney's Office announced that during a federal court session in Billings, on May 19, 2011, before Chief U.S. District Judge Richard F. Cebull, JOHN RICHARD BRESNAHAN, a 66-year-old resident of Kemp, Texas, appeared for sentencing. BRESNAHAN was sentenced to a term of:

Prison: 84 months

Special Assessment: $100

Supervised Release: 4 years

BRESNAHAN was sentenced in connection with his guilty plea to conspiracy to possess with the intent to distribute cocaine and conspiracy to distribute cocaine.

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

On September 9, 2009, a confidential informant (CI) for the Montana Division of Criminal Investigation placed a recorded telephone call to BRESNAHAN and discussed obtaining 8-10 ounces of cocaine for the CI to purchase.

On September 14, 2009, BRESNAHAN told the CI to send him some money toward the purchase of the cocaine. The CI asked him how much money he wanted and BRESNAHAN told him to send whatever he could.

The CI then made consensually recorded telephone calls to BRESNAHAN in Kemp, Texas to order approximately 8-10 ounces of cocaine. During the telephone calls the CI agreed to mail money to BRESNAHAN towards the purchase of the cocaine. BRESNAHAN had been supplying the CI with multi-ounce quantities of cocaine since approximately 2003. During the investigation of BRESNAHAN, the CI made telephone calls to BRESNAHAN in which they discussed BRESNAHAN receiving money from another individual and BRESNAHAN making a trip to Montana to deliver the cocaine.

On October 18, 2009, law enforcement officers arrested BRESNAHAN on Route 90, east of Billings and 487.8 grams of cocaine was seized from BRESNAHAN. BRESNAHAN confessed to providing 1/4 pound quantities of cocaine to the CI on at least four occasions over the past several years. The CI has provided information that the amount of cocaine was well over 500 grams, not including the 487.8 grams seized on October 18, 2009. BRESNAHAN admitted to developing a source of supply in Texas and purchasing multi-ounce quantities of cocaine at a time to provide to the CI. The CI detailed his purchases from BRESNAHAN from 2003 to 2009 as follows:

Spring of 2004: 4 ounces of cocaine;

Late fall of 2004: 4 ounces of cocaine;

Spring of 2005: 4 ounces of cocaine;

Late summer of 2005: 2 ounces of cocaine;

February of 2006: approximately 6-8 ounces of cocaine;

Summer of 2006: 4 ounces of cocaine;

Late fall of 2006: 4 ounces of cocaine;

Spring or early summer of 2007: 6-8 ounces of cocaine;

Late fall of 2007: 4 ounces of cocaine; and,

Spring of 2008: 4 ounces of cocaine.

During his confession, BRESNAHAN was uncertain how many trips he made and claimed to be confused with the time frames and when he delivered cocaine.

Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that BRESNAHAN will likely serve all of the time imposed by the court. In the federal system, BRESNAHAN 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 Montana Division of Criminal Investigation.

 

 

Return to Top