A sentencing memorandum filed today in U. S. District Court for the Western District of Missouri claims Benjamin Ray Nordby, Joplin, made it clear to law enforcement that the methamphetamine he had was for his own personal use and not for distribution.
Nordby pleaded guilty November 14 in Springfield. His sentencing is scheduled for 1:30 p.m. Tuesday.
The claim that Nordby was storing methamphetamine at his daughter's house was used in the government memorandum as a reason for an enhancement that brought the recommended sentence to 16 years.
From the memorandum:
Mr. Nordby objects to the addition of two levels for maintaining a premises for the purpose of manufacturing or distributing a controlled substance. The only support for this enhancement is Mr. Nordby’s statement to law enforcement, which is mischaracterized in the written law enforcement reports, and his actual statement does not satisfy the requirements for application of the enhancement.
Mr. Nordby’s recorded statement to law enforcement related to this issue was as follows:
AGENT: What was our plan with those couple quarter pounds?
NORDBY: I was gonna do ‘em.
AGENT: Sorry?
NORDBY: I was gonna do ‘em. I was actually gonna take ‘em and get ‘em away from my house because I got kids around there, and I was gonna take them down to Oklahoma and I was gonna drop them off at my little spot down there, in my daughter’s shed, that way it ain’t always on me, and I can use my little personal, my little personal sack.
AGENT: So, it sounds like you’ve done that before.
NORDBY: Taking it and dropping it off? Usually, I stick it on my Harley but I don’t have my Harley no more. That way the kids ain’t messing with it. And then that tides me over for a good month.
Mr. Nordby’s stated intent was that he was going to his daughter’s house to leave some of what he was arrested with in her shed, to keep it away from children at his home. He stated that he was going to keep a portion for personal use, and that he would return later to retrieve another personal use amount.
At no time did he state that the methamphetamine was stored at the residence for the purpose of distribution; rather, it was stored for his own personal use. He also was not specific regarding how often this occurred; rather, he stated that he usually kept his drugs on his Harley but no longer had his Harley. He never actually stated that he kept drugs at that location prior to his arrest.
The memorandum notes that no search was ever made at Nordby's daughter's residence to confirm the meth was there.
In the portion of the memorandum devoted to Nordby's background, his attorney made a case for a sentence that includes getting him treatment for drug addiction.
From the memorandum:
Mr. Nordby wishes that he could go back and change the path of his life, but he stands before the Court with no option but to move forward and conform his conduct with the law to the best of his ability.
While there are negatives in his past, and the instant offense conduct that requires just punishment, there are positives in Mr. Nordby’s life on which he can build a solid, law-abiding future. While Mr. Nordby has a Criminal History Category of V, he does not have a significant history of violence.
His most serious prior conviction arguably is his conviction for operation of a clandestine lab. However, that conviction was approximately 13 years ago.
The largest part of his criminal history is traffic-, drug-, and property-related offenses. This is not to minimize the extent of his criminal past, but his lack of violent criminal convictions gives hope that with treatment, counseling, and vocational programming in prison he can turn his future in a positive direction.
Mr. Nordby has a significant history of substance abuse and would benefit from the extensive drug treatment programming that is available in the Bureau of Prisons. He also would likely benefit from dual-diagnosis counseling and treatment, as at least part of his history of drug release appears to be in relation to unaddressed trauma related to his brother’s murder in 2020.
An additional positive aspect to Mr. Nordby’s past is that he has his GED, as well as training and work experience in the field of welding. He would like to pursue additional training in that field while serving his sentence in this case and requests a recommendation from the Court that he be placed in UNICOR.
Given the history and characteristics of Mr. Nordby, a sentence of 84 months is sufficient but not greater than necessary to address the instant offense.
