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Justice News

Department of Justice
U.S. Attorney’s Office
District of South Dakota

FOR IMMEDIATE RELEASE
Thursday, June 16, 2016

Eagle Butte Man Sentenced for Possession of Firearm by Prohibited Person

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Possession of Firearm by Prohibited Person was sentenced on June 13, 2016, by U.S. District Judge Roberto A. Lange.

Nelson Red Bird, age 26, was sentenced to 37 months in custody, 2 years of supervised release, a $500 fine, and a special assessment of $100 to the Federal Crime Victims Fund.  Red Bird also forfeits $1,157 in cash, a firearm and ammunition seized during a search of his vehicle.

Red Bird was indicted by a federal grand jury on January 21, 2016.  He pled guilty on March 8, 2016.

Red Bird was convicted of a felony in federal court in November 2010 and was sentenced to 40 months of custody.  His initial supervised release began in 2013, but was revoked in March 2015 when urine samples tested positive for both marijuana and methamphetamine.  Red Bird’s second term of supervised release began on June 8, 2015.  On August 24, 2015, Red Bird absconded from the Community Alternatives of the Black Hills.  On August 25, 2015, Cheyenne River Sioux Tribe Law Enforcement was dispatched to investigate a report that a man in a white vehicle in a motel parking lot appeared to be under the influence.  Due to Red Bird’s suspicious actions inside the vehicle and his providing false names to the officers, Red Bird was detained and a police service dog was deployed around the vehicle.  When the dog indicated on the driver side door, the vehicle was searched and marijuana, drug paraphernalia, $1,157 in cash, a shotgun and ammunition were found in the vehicle. 

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Cheyenne River Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Jay Miller prosecuted the case.

Red Bird was immediately turned over to the custody of the U.S. Marshals Service.

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Updated June 16, 2016