Henry Indictment

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Case 1:08-cr-00123-RFC

Document 1

Filed 10/01/2008

JOSEPH E. THAGGARD Assistant U.S. Attorney U.S. Attorney's Office U.S. Attorney's Office 901 Front Street, Suite 1100 Helena, MT 59626 Phone: (406) 457-5120 FAX: (406) 457-5130 Email: joseph.thacr~ard@-usdoi.~ov

Page 1 of 5

FILED OCT 0 1 2008 PATRICK E. DUFF\, , CLERK

w DEPUTY

CLERK MISSOtI1.A

ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA

IN THE UNITED STATES DISTRICT COLIRT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION UNITED STATES OF AMERICA, Plaintiff,

INDICTMENT

VS.

'TRAVIS HENRY and JAMES MACK, Defendants.

CONSPIRACY TO POSSESS COCAINE WlTH INTENT TO DISTRIBUTE Title 21 U.S.C. § 846 (Count I) (Penalty: Mandatory minimum ten years to life imprisonment, $4,000,000 fine, and at least five years supervised release) POSSESSION WlTH INTENT TO DISTRIBUTE COCAINE AND DISTRIBUTION OF COCAINE Title 21 U.S.C. 5 841(a)(l), Title 18 U.S.C. 5 2 (Counts 11. 111) (Penalty: Mandatory minimum ten years t o life imprisonment, $4,000,000 fine, and at least five years supervised release) TITLE 21 PENALTIES MAY BE ENHANCED BY PRIOR DRUG RELATED FELONY CONVICTIONS

Case 1:08-cr-00123-RFC

Document 1

Filed 10/01/2008

Page 2 of 5

THE GRAND JURY CHARGES: COUNT l That between on or about March 1,2006, and continuing thereafter until on or about September 30, 2008, in Yellowstone County, in the State and District of Montana, and elsewhere, the defendants, TRAVIS HENRY and JAMES MACK, together with others both known and unknown to the Grand Jury, knowingly and unlawfully conspired and agreed to possess with the intent to distribute, in violation of 21 U.S.C. § 841(a)(l), five kilograms or more of a mixture or substance containing a detectable amount of cocaine, a Schedule II controlled substance, in violation of 21 U.S.C. § 846. COUNT ll That between on or about March 1,2006 and on or about September 30,2008, in Yellowstone County, in the State and District of Montana, the defendants, TRAVIS HENRY and JAMES MACK, knowingly and unlawfully possessed with the intent to distribute over five kilograms of a mixture or substance containing a detectable amount of cocaine, a Schedule II controlled substance, in violation of 21 U.S.C. § 841(a)(l) and 18 U.S.C. § 2. COUNT Ill That between on or about March 1,2006 and on or about September 30,2008, in Yellowstone County, in the State and District of Montana, the defendants, TRAVIS HENRY and JAMES MACK, knowingly distributed over five kilograms of a mixture or substance containing a detectable amount of cocaine, a Schedule II controlled substance, in violation of 21 U.S.C. § 841(a)(l) and 18 U.S.C. § 2.

Case 1:08-cr-00123-RFC

Document 1

Filed 10/01/2008

PlNKERTON THEORY OF LIABILITY Counts II and Ill are subject to a Pinkerfon theory of liability A TRUE BILL.

FOREPERSON

Criminal Chief dssistant U.S. Attorney

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Case 1:08-cr-00123-RFC

.

.

"

Document 1

. . . . . . . .

Filed 10/01/2008

Page 4 of 5

. I

District of Montana, Billings Division WARRANT FOR ARREST

UNITED STATES OF AMERICA

v.

CASE NUMBER: CR-08-123-BLG-RFC-01 (Federal Custody Colorado)

-

TRAVIS HENRY

TO:

UNITED STATES MARSHAL AND ANY AUTHORIZED UNITED STATES OFFICER

-

YOU ARE HEREBY COMMANDED to arrest Travis Henry (Federal Custody Colorado) and take the arrested person without unnecessary delay before the nearest available federal magistrate judge to answer the Indictment charging him or her with conspiracy to possess cocaine with intent to distribute (Count I) in violation of Title 21, United State Code, Section 846 and possession with intent to distribute cocaine and distribution of cocaine (Counts II & Ill) in violation of Title 21 United States Code, Section(s) 841(a)(l), Title 18 U.S.C. § 2. CERTIFIED COPY OF CHARGING DOCUMENT ATTACHED Assigned to:

Joseph Thaggard Assistant U.S. Attorney

iRK, UNITED ST'ATES DISTRICT COURT Title of lssuing Officer

Coleen Hanley

October 2,2008 MISSOULA, MT

I

Signature of Issuing dfficer By Order of Magistrate Judge Jer BAIL FIXED AT $0

By COLEEN HANLEY Name of Judicial Officer

RETURN THISWARRANTWAS RECEIVED AND EXECUTED WITH THE ARREST OF THE ABOVE-NAMED DATERECEIVED NAMEAND TITLEOF ARRESTINGOFFICER SIGNATURE OF ARRESTING OFFICER

DATEOF ARREST

DEFENDANT AT

Case 1:08-cr-00123-RFC

Document 1

Filed 10/01/2008

Page 5 of 5

District of Montana, Billings Division WARRANT FOR ARREST

UNITED STATES OF AMERICA

v.

CASE NLIMBER: CR-08-123-BLG-RFC-02 (Federal Custody Colorado)

-

JAMES MACK

TO:

UNITED STATES MARSHAL AND ANY AUTHORIZED UNITED STATES OFFICER

-

YOU ARE HEREBY COMMANDED to arrest James Mack (Federal Custody Colorado) and take the arrested person without unnecessary delay before the nearest available federal magistrate judge to answer the Indictmentcharging him or her with conspiracy to possess cocaine with intent to distribute (Count I)in violation of Title 21, United State Code, Section 846 and possessionwith intent to distribute cocaine and distribution of cocaine (Counts II & Ill) in violation of Title 21 United States Code, Section(s) 841(a)(l), Title 18 U.S.C. § 2. CERTIFIED COPY OF CHARGING DOCUMENT ATTACHED Assigned to:

Joseph Thaggard Assistant U.S. Attorney

UNITED STATES DISTRICT COURT Title of Issuing Officer

Coleen Hanley Name of Issuing Officer

//

1

October 2,2008 MISSOULA, MT

~ y 0 r d e of r ~ a ~ i s t i aJudge te Jeremi BAIL FIXED AT $Q

By COLEEN HANLEY Name of Judicial Officer

RETURN THISWARRANT WAS RECEIVED AND EXECUTED WITH THE ARREST OF THE ABOVE-NAMED DEFENDANT AT DATERECEIVED

NAMEAND TITLEOF ARRESTING OFFICER SIGNATURE OF ARRESTING OFFICER

DATEOF ARREST

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