Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Billings, on January 14, 2009, before Chief U.S. District Judge Richard F. Cebull, ORLANDO MOORER, a 35-year-old resident of Hardin, appeared for sentencing. MOORER was sentenced to a term of:

• Prison: 138 months

• Forfeiture: $3,035 from drug deals

• Supervised Release: 5 years

MOORER was sentenced in connection with his guilty plea to possession with the intent to distribute and distribution of methamphetamine, use or possession of a firearm in furtherance of a drug-trafficking crime, and possession of a firearm by an unlawful drug user.

In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:

On June 24, 2005, Billings Police officers responded to the Billings hotel to investigate a drug complaint. The cleaning personnel for the hotel had located a nylon bag in a room registered to MOORER and his girlfriend. Inside the nylon bag were three rolls of cash totaling $2,975 and 40 baggies of methamphetamine. Each of the baggies containing the methamphetamine weighed between .5 grams to 1 gram. Also located in the room, in close proximity to the methamphetamine, was a loaded Cobra .380 caliber semiautomatic pistol. An additional $60 cash was also found in the room.

The substance which was seized was sent to the Western Laboratory to be weighed and analyzed. The weight of methamphetamine was 16 grams of 85.9% pure methamphetamine, or 13.7 grams actual methamphetamine.

In late August to early September of 2005, in Hardin, MOORER sold approximately 1/2 gram of methamphetamine to an individual in exchange for a Smith and Wesson .22 caliber revolver.

On September 24, 2005, a Billings Police officer approached a suburban driven by MOORER. The officer observed MOORER smoking methamphetamine from a glass pipe. MOORER admitted to having a pistol next to him. The pistol was seized and identified as a FEG, Model PA-63. 9x18 caliber semiautomatic. MOORER admitted to smoking methamphetamine while possessing the firearm.

On October 5, 2005, in Hardin, MOORER sold 11/2 grams of methamphetamine to an individual in exchange for a Hi Point Lugar 9 millimeter firearm.

During a November 3, 2005 interview, MOORER admitted to law enforcement that he commonly carried a weapon during his drug transactions for protection. He also admitted to selling methamphetamine on several occasions and using approximately 1/2 gram of methamphetamine every week.

Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that MOORER will likely serve all of the time imposed by the court. In the federal system, MOORER does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.

Special Assistant U.S. Attorney Sheila R. Kolar prosecuted the case for the United States.

The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives.

 

 

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