United States of America v. Justin Curtis Huckaby

Great Falls, Montana, criminal defense lawyer represents the Defendant charged with two counts of being a prohibited person in possession of a firearm and ammunition.

The government alleged in court documents and at trial that Justin Curtis Huckaby, age 44, was convicted of a felony in the Montana Thirteenth Judicial District on June 5, 2019. He was sentenced to a period of custody of up to 15 years, with 5 years suspended, followed by a period of supervision with the Department of Corrections. Huckaby’s judgment set out the conditions of his supervision, which included a prohibition of “using, owning, possession, transferring, or controlling any firearm, [or] ammunition….” That condition was also read to Huckaby in open court.

On June 13, 2023, Huckaby signed the Firearms and Voting Regulations form, which states:

“I further understand that my right to possess or own firearms or ammunition is suspended while under supervision. Federal law prohibits a convicted felon from possessing or receiving firearms or ammunition [Title 18, United States Code Section 922(g)(1)]. Therefore, I understand I could be prosecuted for a violation of Federal law. I also understand that I could be punished for violating my conditions of supervision AND federally prosecuted.”

That same day, Huckaby signed his conditions of probation and parole. Condition 15 states: “Weapons: I will not use, own, possess, transfer, or be in control of any firearms, ammunition (including black powder), or weapons.”

On August 5, 2024, around 4 a.m., law enforcement officers responded to a casino in East Helena, Montana. Officers were informed Huckaby was at the casino and had drugs and a firearm in his vehicle. Upon arrival, law enforcement contacted Huckaby who was in the driver’s seat of his white Chevrolet pickup parked outside the casino. Huckaby confirmed he was on parole but denied there was anything his truck that would violate his conditions of supervision. During contact with Huckaby, law enforcement saw a glass pipe with burnt residue on the center console. The pipe later field tested positive for methamphetamine. A probation search was authorized and performed on the vehicle.

During the search, officers found a loaded 9mm handgun under the driver’s rear passenger seat. It was loaded with 9mm caliber ammunition. A box of 9mm caliber ammunition was also located in a backpack. Huckaby later admitted to touching and handling the firearm earlier that day.

Huckaby also threatened to shoot an individual after he suspected the individual took his 8-ball of methamphetamine and money that he won at other casinos that evening.

The U.S. Attorney’s Office prosecuted the case. The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Lewis and Clark County Sheriff’s Office, and the State of Montana Probation and Parole.

This case is part of Operation Take Back America a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime.

The Defendant was found guilty and was sentenced to 28 months in prison to be followed by 3 years of supervised release.