U.S. District Judge Sam Haddon scheduled David Lee McKinney for sentencing on Jan. 9 after McKinney plead guilty Monday in District Court in Great Falls to possessing a stolen firearm. McKinney faces up to 10 years in prison, three years of supervised release and a $250,000 fine. A release by U.S. Attorney for the District of Montana Bill Mercer stated that an offer of proof filed by the United States on Sept. 5 said McKinney had sold a stolen firearm to a man who later pawned it.
The gun was one of two Smith & Wesson .357 magnum revolvers stolen from a Havre residence on March 10, the offer of proof said. Smith's sale of the gun had been monitored by Havre law enforcement because Smith, who was court-martialed on Sept. 16, 1996, for two counts of felony assault while an active duty soldier, could only deal with firearms in a controlled purchase under the surveillance of law enforcement.