Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Missoula, on December 17, 2009, before U.S. District Judge Donald W. Molloy, AVERY SCOTT KLEMP, a 30-year-old resident of Missoula, appeared for sentencing. KLEMP was sentenced to a term of:

• Prison: 60 months

• Special Assessment: $100

• Supervised Release: 5 years

KLEMP was sentenced in connection with his guilty plea to distribution of Lysergic Acid Diethylamide ("LSD").

In an Offer of Proof filed by Assistant U.S. Attorney Tara J. Elliott, the government stated it would have proved at trial the following:

On February 12, 2009 a Controlled Source ("CS"), acting in cooperation with the Drug Enforcement Administration ("DEA"), purchased five (5) pounds of marijuana and a vial containing more than one (1) gram of LSD from KLEMP. A search warrant was then executed and the DEA recovered multiple pounds of marijuana, two additional vials of LSD, and approximately $35,000 from KLEMP'S residence.

KLEMP was interviewed by law enforcement and admitted the above activity and admitted to selling between 570 and 1,100 pounds of marijuana from October 2007 through the date of his arrest.

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

The investigation was conducted by the Drug Enforcement Administration.

 

 

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