Eagle Butte Woman Pleads Guilty To Possession With Intent To Distribute A Controlled Substance
United States Attorney Brendan V. Johnson announced that Lena Flying By, age 46, of Eagle Butte, South Dakota appeared before U.S. District Judge Roberto A. Lange on May 7, 2013 and pled guilty to Count II of the Indictment that charged her 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 period of 2 years of supervised release and an additional year of supervised release upon revocation. Restitution and a $100 special assessment to the Federal Crime Victims Fund 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 aiding and abetting the selling of marijuana in her 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 July 22, 2013.