District Judge Greg Moeller on Monday sentenced a Bozeman, Mont., man to probation after he called 911 on himself while attempting to transport 20 pounds of marijuana.
Holland Sward, 22, pleaded guilty to possession with intent to deliver, amended down from an original charge of felony drug trafficking.
Sward was given a five-year sentence, with one year fixed and four years indeterminate. Moeller suspended that judgment and placed Sward on probation for five years and ordered Sward to serve 30 days in jail with 15 days credit. If Sward violates the terms of his probation, the original sentence could be imposed.
On Jan. 23, Sward and Leland Ayala-Doliente, 21, called 911 on themselves while transporting about 20 pounds of pot from California to Montana. The men told investigators they believed they were being followed by undercover officers. Officers said that was not the case.
Rexburg Police also had received a call of suspicious behavior after Ayala-Doliente and Sward were seen removing items from their car and setting them on the side of the road, and putting their hands on their heads when cars drove by. Officers arrived to find a wire dog cage filled with 20 pounds of marijuana separated into 1-pound bags.
On Nov. 16, Ayala-Doliente received 1 1/2 to eight years in prison for trafficking marijuana. Moeller had increased the sentence after Ayala-Doliente tested positive for marijuana, cocaine and oxycodone on his sentencing day. Sward was tested Monday for drugs and passed, Moeller said.
Moeller said unlike Ayala-Doliente, Sward had no prior criminal record.Ayala-Doliente was also found to be the more culpable of the two, he said, which is why his sentence is greater than Sward’s.