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Date: 04-20-2019
Case Style:
United States of America v. Joshua Jock Clause
Case Number: 1:18-cr-00101-SPW
Judge: Susan P. Watters
Court: United States District Court for the District of Montana (Yellowstone County)
Plaintiff's Attorney: Colin M. Rubich
Defendant's Attorney: Nathan Hulling, Martin M. Judnich, Tyler Larsen West
Description:
Billings, MT - Billings man sentenced to 15 years for meth, firearms
Billings resident Joshua Jock Clause who admitted to trafficking large amounts of methamphetamine and to possessing firearms was sentenced today to 15 years in prison and to five years of supervised release, U.S. Attorney Kurt Alme said.
Clause, 36, pleaded guilty in November to possession with intent to distribute meth and to possession of a firearm during a drug trafficking crime.
A meth investigation beginning in June 2018 led to Clause as a person who was importing large amounts of meth to the Billings area from a California source. Prosecution evidence said an arrest warrant was issued for Clause and law enforcement surveilled his residence. The Billings Police officers pulled over Clause and arrested him on his federal warrant. Officers found he had cash and a cell phone. Agents also executed a search warrant of Clause’s residence and found $17,000 cash, an SKS rifle and a handgun. Officers also found evidence that occupants had been trying to dispose of meth down the toilet.
A confidential informant told agents a few days later that, following Clause’s instruction from jail, the informant went to the house and located about 12 pounds of meth in a cooler outside of the residence that officers had missed during their search. The meth was taken to another person. Twelve pounds of meth is the equivalent of about 43,488 doses.
Another informant admitted to receiving 20 pounds, which is the equivalent of about 72,488 doses, of meth directly from Clause and said that Clause had multiple people selling drugs for him.
Assistant U.S. Attorney Colin Rubich prosecuted the case, which was investigated by the Eastern Montana High Intensity Drug Trafficking Area Task Force, the Drug Enforcement Administration, FBI and Billings Police Department.
The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Charges:
21:841A=CD.F POSSESSION WITH INTENT TO DISTRIBUTE METHAMPHETAMINE and 18:2 AIDING AND ABETTING.
(4s)
21:841A=CD.F POSSESSION WITH INTENT TO DISTRIBUTE METHAMPHETAMINE and 18:2 AIDING AND ABETTING.
(4s)
Outcome: DFT IS SENTENCED IN THE SUPERSEDING INDICTMENT TO BOP FOR A TERM OF 120 MONTHS ON COUNT4; 60 MONTHS ON COUNT 5 TO RUN CONSECUTIVE; SUPERVISED RELEASE 5 YEARS ON COUNTS 4-5 TO RUN CONCURRENT. Fine waived; special assessment 200.00.
04/19/2019 95 MINUTE ENTRY for proceedings held before Judge Susan P. Watters: SENTENCING held on 4/19/2019 for Joshua Jock Clause. Dft present and in custody with retained counsel Martin Judnich; AUSA Colin Rubich. PSR received/reviewed by Govt; no objections; moves for a two level decrease with an additional one level; Judge GRANTS. PSR received/reviewed by Defense; no objections. Judge brings up the issue that in the plea agreement to which the dft plead guilty to there was a mistake in regards to the mandatory minimum on count 5. Discussion held and defendant has discussed with his attorney; understands what the mandatory minimum is and wishes to proceed with sentencing and not withdraw his guilty plea. Judge will adopt PSR without objections and accepts the plea agreement. Court reviews statutory and guideline calculations. Arguments made. Court reviews 3553(a) factors. DFT IS SENTENCED IN THE SUPERSEDING INDICTMENT TO BOP FOR A TERM OF 120 MONTHS ON COUNT4; 60 MONTHS ON COUNT 5 TO RUN CONSECUTIVE; SUPERVISED RELEASE 5 YEARS ON COUNTS 4-5 TO RUN CONCURRENT. Fine waived; special assessment 200.00. AUSA moves to dismiss counts 1-3; Judge GRANTS. Dft has waived his right to appeal and is remanded to the custody of USMS. Hearing commenced at 9:31 am and concluded at 10:09 am Presentence Report due by 4/26/2019. (Court Reporter Becky Sabo) (USPO: Brian Farren), (Law Clerk: J. Wolff), (Hearing held in Billings-SMC) (AMC) (Entered: 04/19/2019)
04/19/2019 96 PRESENTENCE INVESTIGATION REPORT (Sealed) as to Joshua Jock Clause (EMH) (Entered: 04/19/2019)
04/19/2019 97 JUDGMENT as to Joshua Jock Clause (2), Count(s) 1, 1s, 2, 2s, 3s, DISMISSED ON GOV'T MOTION; Count(s) 4s, 5s, DFT IS SENTENCED IN THE SUPERSEDING INDICTMENT TO BOP FOR A TERM OF 120 MONTHS ON COUNT4; 60 MONTHS ON COUNT 5 TO RUN CONSECUTIVE; SUPERVISED RELEASE 5 YEARS ON COUNTS 4-5 TO RUN CONCURRENT. Fine waived; special assessment 200.00. Signed by Judge Susan P. Watters on 4/19/2019. (Original with SORs to USPO) (AMC) (Entered: 04/19/2019)
04/19/2019 98 STATEMENT OF REASONS as to Joshua Jock Clause re 97 Judgment. Signed by Judge Susan P. Watters on 4/19/2019. (emailed to both counsel) (AMC) (Entered: 04/19/2019)
04/19/2019 99 TRANSCRIPT DESIGNATION ORDER FORM by Joe Roy Michael as to Joe Roy Michael, Joshua Jock Clause for proceedings held on 4/19/2019 before Judge Susan P. Watters. Court reporter Rebecca Sabo Transcript due by 5/28/2019. (Attachments: # 1 CJA24) (Selvey, Leo) (Entered: 04/19/2019)
Plaintiff's Experts:
Defendant's Experts:
Comments: