A Fremont man was sentenced in Dodge County District Court on Monday to four to five years in prison for selling methamphetamine.
Marcus D. File, 36, was sentenced on a charge of delivery of a controlled substance, a class IIA felony punishable under Nebraska law by 0 to 20 years in prison. He pleaded guilty to the charge in December.
District Court Judge Geoffrey Hall also sentenced File to two years in prison on another charge of possession of a controlled substance, a class IV felony. The two sentences were set to run concurrently and File received 179 days of credit for time served. The sentence aligned with the recommendation of the Dodge County Attorney’s office.
In court on Monday, Dodge County Deputy Attorney Emily Beamis argued that File was not an appropriate candidate for probation because of a lengthy prior record, which included some previous failures to complete probation.
File’s attorney, Adam Tripp, argued that File struggled with substance abuse, noting that a pre-sentence investigation had recommended inpatient treatment. He added that File had also expressed remorse for his actions, and that they had occurred during a precarious time in File’s life.
Tripp argued that File is “anxious to improve himself and consequently help improve his family.” He asked Hall to consider a probation sentence, potentially even one with a suspended sentence.
File told Hall that he wanted a chance to prove that “I’m not just another statistic.”
“I do apologize to the court, to the community and to my family,” File said. “Things weren’t very good, and that’s not an excuse and I do admit that. But I just want to get home to my family.”
Hall said that the case called for penitentiary time and urged File to use his penitentiary time to turn his life around.
“You’ve hit rock bottom,” Hall said. “There’s nowhere to go but up.”
The delivery charge came in August of 2018, after the III Corps Drug Task Force used a confidential informant to arrange a controlled purchase of methamphetamine from File.
He had been charged with possession in a May 2018 incident, when he was found with methamphetamine during a traffic stop.
In other district court news from Monday:
- Larry E. Munson, 24, was sentenced to two to four years in prison as part of a joint agreement with the Dodge County Attorney’s Office on one charge of delivery of ma
- rijuana. Munson pleaded no contest to the charge on Monday and waived his right to a pre-sentence investigation in order to proceed directly to sentencing.
- Michelle L. Kalkas, 46, was sentenced to 30 months of probation for possession of a controlled substance. Arron L. Farmer, 25, was also sentenced to 30 months of probation for possession of a controlled substance.