Council Bluffs Man Sentenced on Firearm Charges

News

April 19th, 2013 by Ric Hanson

A Council Bluffs man was sentenced Thursday in U-S District Court, to 2 1/2 years in prison for being a felon in possession of a firearm, and revocation of supervised release. U-S Attorney Nicholas Klinefeldt says 33-year old Jacob Lloyd Montgomery must also serve two-years of supervised release following his imprisonment, according to the sentence imposed by Chief United States District Court Judge James E. Gritzner, who  sentenced Montgomery to 30 months in prison, to be followed by 2 years of supervised release. The Court also ordered Montgomery to forfeit the firearm and ammunition found in his possession, and to pay a $100.00 special assessment for the Crime Victim Fund. Montgomery remains in the custody of the United States Marshal pending designation of the Federal Bureau of Prisons facility at he will serve his sentence.

Montgomery was sentenced to the 30 months imprisonment as a joint resolution of two pending federal judicial proceedings, and upon his plea of guilty to the charge of being a felon in possession of a firearm. Montgomery was also sentenced upon his admission that he had violated the terms of the supervised release he was serving at the time. The violations included misrepresentations to the United States Probation Office and the felon in possession of a firearm charge. The federal criminal justice system no longer has parole.

However, after serving the his full sentence, less any good time awarded to the him, Montgomery is, upon being discharged from prison, placed under the supervision of the United States Probation Office for an amount of time determined by the sentencing court and under such conditions as the court orders. If he violates the conditions of his supervision, Montgomery can be sentenced to a further term of imprisonment for the violation.

The firearm charge against Montgomery arose from a stop by a Council Bluffs police officer of the vehicle Montgomery was driving on January 29, 2012. Montgomery fled on foot from the scene, but was caught and arrested by the officer. Council Bluffs police officers subsequently found a loaded .45 caliber pistol in the vehicle from which defendant fled. Among various crimes for which Montgomery has been convicted, he was convicted in 2001, in the District Court of the State of Iowa for Pottawattamie County, of felony forgery and felony theft, and was convicted in 2007, in the United States District Court for the Southern District of Iowa of a prior charge of being a felon in possession of a firearm.

The investigation was conducted by the Council Bluffs, Iowa, Police Department and the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.