A Kalispell man will be able to discharge part of his state sentence for drug and burglary offenses while serving time in federal prison after Flathead District Judge Robert Allison followed a sentencing recommendation from U.S. District Judge Dana Christensen on Thursday.

Christensen sentenced Kenneth Martin Chandler, 35, to 70 months in federal prison in June for conspiracy to distribute methamphetamine. In his sentencing order, Christensen recommended that any pending state cases be resolved by running the state sentence concurrent with the federal sentence.  

Allison sentenced Chandler to eight years to be served at the same time as his federal sentence.

It was unclear whether Allison had to follow the federal recommendation as he considered revoking three suspended felony sentences for distribution of dangerous drugs and burglary that Chandler was convicted of between 2003 and 2010.

Public defender Vicki Frazier said she could find no case law in the matter.

Prosecutor John Donovan encouraged the judge to impose an eight year sentence to follow  the federal term.

During the revocation hearing, Donovan called a Montana Highway Patrol trooper to the stand who said he had stopped Chandler on Aug. 17, 2014, on Foy’s Lake Road.

Chandler gave a fictitious name and was found to have two handguns, ammunition, scales, 76 “dime bags” with hazard stickers on them and 30 grams of methamphetamine. State prosecutors dropped the charges in that case.

Public defender Jessica Polan pointed out that there was another person in the vehicle who could have owned the contraband.

She asked Allison to run Chandler’s sentence concurrent with the federal one. She quoted President Barack Obama’s recent criticism of mandatory minimum drug sentences in her appeal to have the judge be lenient in his sentencing.

She also listed prominent conservative figures who have also expressed consternation with so much prison space being devoted to drug offenders.

“Now there is huge change in the federal system regarding low-level offenses,” Polan said. “I think society is sick of locking people up, especially when it is all drugs.”

During the hearing, Chandler detailed his extensive history with drugs, saying that trouble started when his drug-addicted mother abandoned him at age 13. He has been in and out of jail ever since as he struggled with addiction. Chandler said prior to his most recent relapse, he had started a painting business and was doing well trying to provide for his four children before he went off the rails.

“Relapse for me ends in arrest every time,” Chandler said. “At my age I have no more chances. I have to move in a positive direction.”

Chandler apologized to his children for the problems his addiction has caused.

“I would like to apologize to them for taking so much away from them,” Chandler said.

He said he looks forward to treatment and vocational training available in federal prison.

Donovan was not moved by Chandler’s soliloquy, saying that he had made similar statements before sentencing in 2010.

“What he said today rings hollow,” Donovan said.

He also equated Polan’s statements quoting various famous figures regarding drug offenses to “fairy-tale law.”

“She didn’t list one person who lives in Flathead County and faces the problems we do,” Donovan said. “The last year when Mr. Chandler has been in the prison is the safest Flathead County has been.”

Judge Allison said he was disinclined to be swayed one way or the other by the opinion of certain politicians on drug offenses.

“I certainly do not consider someone who is involved with distribution of methamphetamine as the sort of offender who should be given a slap on the wrist,” Allison said.

Allison said Chandler will serve “serious time” in the federal system, which requires that 85 percent of the sentence be served before an individual becomes parole-eligible.

Reporter Megan Strickland can be reached at 758-4459 or mstrickland@dailyinterlake.com.