Drug Violations Draw Prison Term For Billings Woman

The United States Attorney's Office announced that during a federal court session in Missoula on April 16, 2014, before U.S. District Judge Donald W. Molloy, MARY ROSE DAY, 31, of Billings, was sentenced to a term of 60 months' imprisonment and 5 years supervised release.

Day was sentenced in connection with her January 2014, guilty plea to possession with intent to distribute methamphetamine. In an Offer of Proof filed by Assistant U.S. Attorney Lori Suek, the government stated that in 2009, Day was convicted of distribution of dangerous drugs in Hill County. Day was on state supervision when she came to the attention of the Billings drug task force through the state probation and parole office during the spring of 2012.

On April 4, 2012, the drug task force was contacted by State probation and parole for assistance. Probation and parole were looking for a parolee, because they had a warrant for her arrest. At the house, officers found Day as well as others. In the house were multiple items of drug distribution and drug use - mirrors with residue, new small baggies, a digital scale, and syringes. Parole officers looked at Day's cell phone and read text messages that referenced illegal drug activity.

Again, on April 23, 2012, state probation and parole found Day in possession of drugs and paraphernalia. Day was arrested on new state drug charges and probation violations. She bonded out at some point before May 11, 2012.

On May 11, 2012, Deputy U.S. Marshals were assisting State probation and parole conduct a parole search of Day. Day was located at an apartment in Billings. The deputies were concerned that Day would try to escape out of a window of the apartment and, consequently, they positioned themselves around the apartment in the event that Day did attempt an escape. After the probation officers knocked on the door of the apartment and identified themselves, one of the deputies saw a female hand throw something out of the bathroom window into the window well. Day was the only female in the house. The plastic bag that Day threw out the window contained over 8 grams of actual methamphetamine (88% pure). Day also threw three pipes and a torch head out of the window with the methamphetamine. Also recovered were a scale, cash, and cell phones containing text messages referencing illegal drug activity.

The term pure methamphetamine refers to the purity contained in the transacted amount which is usually "cut" with inert ingredients that make the actual product less pure but more profitable as drugs are generally sold based on quantity not quality.