The United States Attorney's Office announced that during a federal court session in Billings, on May 19, 2010, before Senior U.S. District Judge Jack D. Shanstrom, FRANCIS BERNARD STROEBE appeared for sentencing. STROEBE was sentenced to a term of:

• Prison: 15 months, consecutive to another sentence

• Special Assessment: $100

• Supervised Release: 3 years

STROEBE was sentenced in connection with his guilty plea to being a felon-in-possession of a firearm.

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

On July 12, 2009, the Montana Highway Patrol was investigating a fatality crash of a minor girl. The crash appeared to be alcohol-related. Witnesses stated that the decedent was at a party at STROEBE's residence where alcohol had been served to her. Patrol officers learned that STROEBE is a convicted felon on probation and took his probation officer to his house.

As STROEBE has a history of fleeing from law enforcement, numerous police officers converged and surrounded the house. STROEBE barricaded himself in the house and refused to answer the door. Officers saw someone at a window and forced entry, but no one was found inside. One of the officers that remained outside saw STROEBE make his way to the roof and attempt to hide there.

STROEBE was arrested, along with other males who had also violated their probation. One of the males had a cell phone and a camera. The officers seized both as they may have contained pictures of alcohol consumption at the party and therefore would be evidence in the minor girl's fatality. When officers searched these cameras, they located digital photos of STROEBE possessing and shooting two guns, a rifle on one occasion and a pistol on another occasion. The firearms were later identified as a Taurus model PT 24/7 Pro DS, .40 caliber semi-automatic pistol, and a Winchester Model 12, 12 gauge pump shotgun.

Investigators interviewed several witnesses and determined the photographs of STROEBE with the firearms were taken during the fall of 2008 and spring of 2009. STROEBE has been on felony probation since 2004.

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

 

 

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