Big Sky Blawg

Simpson pled guilty to felony common scheme theft by embezzlement and the conditions of his defferred imposition of sentence included 1) no drugs or alcohol, 2) obtaining a mental health evaluation, and 3) no casinos or gambling. He claimed that the three conditions had no nexus to his crimes.

SCOMONT agreed that terms 1 and 2 were impermissible under State v. Ashby, 2008 MT 83, because sentencing must be individualized and have some nexus to the offender or the offense.  However, Simpson stated that he embezzled from his employer because “funds [were] tight.”  This established a sufficient nexus to warrant the gambling restriction and the court affirmed condition 3.

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James Warner pled guilty to criminal possession of dangerous drugs with intent to distribute. He was arrested in the parking lot of the post office after picking up a package containing meth. The 2003 Chevrolet Pickup Warner was driving at the time was seized as drug related property. Warner argued that the forfeiture of the vehicle was an excessive fine in violation of the 8th Amendment of the U.S. Constitution. SCOMONT rejected this argument, pointing out that the U.S. Supreme Court has not applied the Excessive Fines Clause of the 8th to the states and declining to impose such a requirement themselves.

Although Warner did not raise a challenge under the Montana Constitution, the court indicated it would not be easily persuaded by such an argument, stating that “we would have a difficult time holding that the District Court abused its discretion in ordering the forfeiture of a 2003 Chevrolet Pickup which facilitated the scourge of methamphetamine.” ¶ 9.

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