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Cannabis Campaigners' Guide News Database result:
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US: Pipe shop owner given probation
Tristan Scott The Missoulian
Friday 02 Jun 2006 The owner of a now-defunct Missoula pipe shop was sentenced Friday in U.S District Court for distribution of drug paraphernalia. David Sil, 61, will spend the next two years on probation, including a six-month stint of home confinement. In March, a Missoula jury convicted Sil on the federal charge following a two-day trial. * But Sil's penalty could have been much worse. Based on federal sentencing guidelines, he might have spent one full year in a federal penitentiary. Fortunately, Chief U.S. District Judge Don Molloy recognized the complexity of Sil's case, and noted its convoluted nature before imposing the sentence. Paraphrasing former Illinois Sen. Everett Dirksen, Molloy said, “The effectiveness of this case will have all the effectiveness of a single solitary snowflake falling on the bosom of the Potomac.” But in a news release, U.S. Attorney Bill Mercer stated: “As we try to protect our communities from the scourge of drugs, we will continue to enforce the laws that Congress has created to help us fight this problem. I thank DEA for its efforts on this case. I am confident that this prosecution will deter others from engaging in the commercial distribution of drug paraphernalia in Montana.” “I don't think cases like this deter anyone,” Molloy said. Last May, Drug Enforcement Administration agents seized pipes, cash, clothing items and business records from Sil's shop, The Vault, a small pipe and tobacco accessories business he opened nearly 10 years ago on West Broadway. On Friday, fighting for a sentence at the lower end of the federal spectrum, Sil's attorney, Martin Judnich, explained that his client operated The Vault in Missoula for eight years, without subterfuge and without legal consequences. “The Vault is the only business in the city of Missoula that was indicted,” Judnich said. “There's a handblown glass pipe shop in the physical space where the vault was located. Why is this happening? Because the federal government can.” Judnich also pointed to Sil's spotless criminal history to evince the man's disposition. At Sil's trial, Deputy County Attorney Mike Sehestedt even testified that before Sil opened his shop, the business owner made a point to visit the county attorney's office and make certain his business was within legal boundaries. And the law gave Sil a green light. But when federal agents overran The Vault last May, they also swept through Bozeman, Kalispell, Great Falls and Billings, seizing similar items from one store in each city. Each of the store's owners were then federally indicted for selling drug paraphernalia. But as each of the five cases has moved along, there have been divergent outcomes. On Thursday, a Missoula jury acquitted Bradford Moore on idential charges stemming from the man's Kalispell business, Heads Up Tobacco Accessories. Next week in Butte, the owners of The Grateful Shed in Bozeman - Steve Andriakos and Tom Robinson - also will stand trial on the federal charges. In February, Sue Kerkes, owner of Blue Moon Music in Great Falls, changed her plea to guilty during a federal court session. Kerkes, 49, initially pleaded not guilty to the federal charges and demanded a jury trial along with her co-defendants, but finally signed a plea agreement. Kerkes is scheduled to be sentenced June 19. She is currently released on special conditions. Before Molloy imposed Sil's sentence on Friday, Judnich called three people who know the man to testify on his behalf. Ted Engler, a Missoula engineer, took the stand first and stuck it to the feds. “This case is all about an overreaching federal government,” Engler said. “The bust occurred one week after the marijuana referendum. He got caught in a political system. He was doing this illegal thing for 10 years, and all of a sudden Dave is a criminal? That doesn't wash for me.” Because the point of the criminal justice system is to promote deference for the law, Molloy called the prosecution of Sil's case “oxymoronic prosecution.” “The sentiments expressed by Mr. Engler do not reflect promoting respect for the law,” Molloy said. Sil also addressed the court, and spoke about his community involvement and experience counseling veterans, incest victims and battered women. Sil said for eight years, he had no idea there was anything illegal about his business. “There was nothing clandestine about this operation,” Sil said. “Nobody was hiding out in the bushes. This stuff is sold over the Internet.” Molloy acknowledged Sil's civic pride and commitment. “This is the kind of person who has reached out to those in need and reached in a way that reflects what citizenship is about,” Molloy said. “I have no concern there will ever be any criminal conduct by you.” Reporter Tristan Scott can be reached at 523-5264 or at tscott@missoulian.com http://www.missoulian.com/articles/2006/06/03/news/local/news02.txt http://www.ccguide.org.uk/index.php
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