Eagle Butte Man Fails to Register as Sex Offender

United States Attorney Brendan V. Johnson announced that Michael Baca, age 32, formerly from Phoenix, Arizona, and recently living in Eagle Butte, appeared before United States District Judge Roberto A. Lange on July 7, 2011, and pled guilty to an indictment that charged him with Failure to Register as a Sex Offender. The maximum penalty upon conviction is 10 years in custody, a $250,000 fine, or both.

The charge relates to Baca’s failure to register and update his registration between June 2010 and May 2011, as required under the Sex Offender Registration and Notification Act after being convicted of a sex offense. On or about January 17, 1997, Baca was convicted of two counts of Attempted Sexual Assault and Dangerous Crimes Against Children in the Second Degree in Maricopa County, in the Superior Court of Arizona. He was sentenced to 10 years of custody and a lifetime of probation. Because of these Arizona convictions, Baca was required by federal law to register under the Sex Offender Registration and Notification Act if he moved into, entered, or resided in Indian country. From about June 21, 2010, until May 10, 2011, Baca lived and resided at Eagle Butte, South Dakota, on the Cheyenne River Sioux Indian Reservation in the District of South Dakota. During this time frame, even though Baca knew he needed to register his new address in Eagle Butte under the Sex Offender Registration and Notification Act, he knowingly failed to do so.

The investigation was conducted by the United States Marshal’s Service. The case is being prosecuted by Assistant United States Attorney Mikal Hanson.

A presentence investigation was ordered, and a sentencing date was set for October 3, 2011. The defendant was remanded to the custody of the United States Marshal pending sentencing.