Eagle Butte Man Pleads Guilty To Possession With Intent To Distribute A Controlled Substance

United States Attorney Brendan V. Johnson announced that Terry Flying By, age 51, of Eagle Butte, South Dakota appeared before U.S. District Judge Roberto A. Lange on May 29, 2013 and pled guilty to Count II of the Indictment that charged him with Possession with Intent to Distribute a Controlled Substance.

The maximum penalty upon conviction is not more than 5 years of imprisonment, a $250,000 fine, or both; a mandatory 2 years of supervised release; an additional year of supervised release upon revocation; and a mandatory $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.

The charge stems from an incident wherein Cheyenne River law enforcement conducted a vehicle stop and learned from the driver that he had purchased marijuana from a residence in Eagle Butte. After obtaining a search warrant, law enforcement searched the residence and found marijuana along with other drug paraphernalia. Flying By admitted to the selling of marijuana in his home.

The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force and the Cheyenne River Sioux Tribe Law Enforcement. Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case.

Flying By was released on bond pending sentencing which has been set for August 19, 2013.