The United States Attorney's Office for the District of Montana announced today that during a federal court session in Missoula, on January 26, 2010, before U.S. Magistrate Judge Jeremiah C. Lynch, LEVI MICHAEL CARLBERG, a 35-year-old resident of Libby, appeared for sentencing. CARLBERG was sentenced to a term of:

• Probation: 18 months

• Special Assessment: $45

• Fine: $1,000

CARLBERG was sentenced in connection with his guilty plea to damage to government property, operating a vehicle on a closed road and operating a vehicle off road.

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

On September 4, 2008, Forest Service Law Enforcement Officers (LEOs) investigated an anonymous tip that CARLBERG had constructed a hunting camp in the Kootenai National Forest. The LEOs found recent all-terrain-vehicle (ATV) tracks on Forest Road 4874 in an area closed to motor vehicle use. The LEOs placed a Bushnell brand trail camera to observe the area.

On September 17, 2008, an LEO discovered the camera was missing. On September 24, 2008, LEOs located a salt block in the closed area of Road 4874. They also located an ATV trail, which left the roadway and traveled approximately one-eighth of a mile to a campsite. Later investigation revealed approximately thirty-two trees of varies species and size had been cut to make the trail. All of the trees were estimated to be less than eight inches in diameter. At the campsite, the LEOs found a fire ring and unattended equipment, including a steel storage box.

On September 30, 2008, a witness was interviewed who described traveling to CARLBERG'S camp on September 5, 2008, where he met CARLBERG and another individual. The witness saw CARLBERG use the steel storage box, and the three left the camp together on September 7, 2008.

On October 8, 2008, CARLBERG was interviewed and admitted the following:

� July or beginning of August, 2008;

� ATV around an earth and rock barrier and continued driving on Road 4874 knowing that it was closed;

� LEOs;

� Road 4874 and the campsite; and,

CARLBERG also admitted that he found a trail camera near Road 4874, took it down, opened it, and discovered "USFS Property" written inside the case. He admitted that he hid the camera in the area and took the memory card. CARLBERG accessed the memory card and viewed the photos taken by using a computer at his father's house.

On October 8, 2008, CARLBERG returned the photo memory card. He led LEOs to the area he had hidden the camera. The camera was recovered after a brief search.

Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that CARLBERG will likely serve all of the time imposed by the court. In the federal system, CARLBERG 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 Law Enforcement and Investigations Division of the U.S. Forest Service.

 

 

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