Terry Theodore Dawkins Sentenced in U.S. District Court
The United States Attorney's Office announced that during a federal court session in Billings, on February 3, 2011, before Chief U.S. District Judge Richard F. Cebull, TERRY THEODORE DAWKINS, age 27, appeared for sentencing. DAWKINS was sentenced to a term of:
- Prison: 68 months
- Special Assessment: $200
- Supervised Release: 3 years
DAWKINS was sentenced in connection with his guilty plea to being a felon-in-possession of a firearm and being a fugitive-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 February 16, 2010, a Billings Police officer responded to a disturbance involving DAWKINS, who had reportedly shoved a female out of a vehicle into traffic. The officer frisked DAWKINS and discovered a magazine for a .380 pistol in his front shirt pocket. The officer also observed a Hi-Point CF380 pistol in plain view on the front passenger seat.
When questioned about the gun, both the female and DAWKINS denied ownership of the firearm at the scene, so it was seized as found property. However, DAWKINS called the officer the next day and said in a voicemail message that the gun belonged to him and he wanted it back. In the message, DAWKINS stated that the officer "had no right to take [his] gun" and he would call the Attorney General if his gun were not promptly returned.
DAWKINS was prohibited from possession of firearms because of felony convictions from North and South Carolina. Additionally, DAWKINS was a wanted fugitive from South Carolina. The recovered firearm had been reported as stolen and the recovered magazine did in fact belong to the firearm.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that DAWKINS will likely serve all of the time imposed by the court. In the federal system, DAWKINS 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 a cooperative effort between the Billings Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
