A man considered by the U.S. Sentencing Commission as an "armed career offender" at 33 years old was sentenced Monday to life imprisonment plus five years.
Shawn Barth was found guilty by a federal jury in December of conspiring to sell methamphetamine throughout Bismarck-Mandan and Oliver County. He was arrested after about $80,000 worth of meth and marijuana were seized in what law enforcement called the second-largest meth bust in southcentral North Dakota history.
During a four-year investigation, drug task forces, police departments and sheriff's departments discovered that Barth was part of a network of people who were transporting meth from Iowa, Minnesota, Montana and Washington State to North Dakota. The drugs were exchanged for cash, cars or boats, and firearms were part of the drug transactions.
"He's consistently been engaging in criminal activity since he was 12 years old," prosecutor Rick Volk said after pointing out Barth's criminal history included two drug convictions in 1997. "He has no one but himself to blame."
Although U.S. District Judge Dan Hovland asked Volk and defense attorney Orell Schmitz for sentence recommendations, there wasn't much to work with. Federal sentence guidelines are set by the U.S. Sentencing Commission, and life imprisonment was mandatory in this case.
"The court has few if any options," Schmitz said. "The mandatory sentences are … unfair."
Hovland agreed.
"I don't find pleasure in sentencing a 33-year-old man to life in prison," Hovland said. "It is an extremely harsh penalty, but Congress writes the laws."
Hovland said he carefully reviewed the sentencing guidelines several times to find a loophole, but came up with nothing. He told Barth to talk to his attorneys about "Rule 35" which would reduce his sentence if he provided information that led to an arrest.
Barth was sentenced to life in prison for conspiracy to possess meth with intent to deliver and possession of meth with intent to deliver, 20 years for distribution of meth, five years for possession of marijuana with intent to deliver, 15 years for being a felon in possession of a firearm and ammunition, and five years for possession of a firearm in furtherance of a drug trafficking crime. All but the five-year sentence are to be served concurrent.
Based on a request by Barth, Hovland said he'd recommend imprisonment at the North Dakota State Penitentiary.
Two attorneys from Houston sat with Barth and Schmitz in the courtroom. Schmitz said the attorneys are working on Barth's appeal in the Eighth Circuit Court of Appeals.
(Reach reporter Mike Albrecht at 250-8261 or cops@ndonline.com.)
Posted in Local on Sunday, March 21, 2004 6:00 pm Updated: 7:11 pm.
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