Montana v. Fox
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In 2007, Defendant Ralph Fox was charged with two counts of felony sexual assault against minor females, CS (Count I) and HS (Count II). A federal grand jury handed down an indictment in the United States District Court charging Defendant with three felony offenses: sexual exploitation of children, receipt of child pornography and possession of child pornography. He was convicted on all charges and sentenced to federal prison for 110 years. Subsequently, Defendant moved to dismiss the State action against him on the ground of double jeopardy. The District Court dismissed one count of sexual assault and Defendant was convicted on the remaining count. Nevertheless, the court sentenced Defendant to two fifty-year sentences (one for each count of sexual assault) and five years for failing to register as a sex offender. The fifty-year sentences were to run concurrently with each other and with the federal sentence. The five-year sentence was to run consecutively to the fifty-year sentences for assault but concurrently with the federal sentence. Defendant appealed, arguing the District Court erred when it sentenced him to a term of fifty years for the dismissed assault charge. He also claimed the court erred when it denied his motion to dismiss the remaining assault charge. Upon review, the Supreme Court affirmed in part and remanded in part. The case was remanded to the District Court for correction of the illegally-imposed sentence pertaining to Count II. The Supreme Court affirmed the District Court’s denial of Defendant's motion to dismiss Count I.
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