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Northwest SD man sentenced on perjury charge for showing up in court drunk, denying it

EAGLE BUTTE, S.D. -- A 27-year-old man in far northwest South Dakota will spend a year in custody after he showed up drunk to a court hearing and denied he was drinking to the federal judge.

Charlie Marshall of Eagle Butte was sentenced Wednesday, Jan. 24,  by U.S. District Judge Jeffrey Viken on the perjury conviction.

In the incident last March 13, Marshall appeared before U.S. District Judge Roberto Lange to plead guilty to conspiracy to distribute meth and firearms charges. At the beginning of the change of plea hearing, Marshall agreed, under oath, to answer questions during the hearing truthfully. Lange specifically asked Marshall if he was under the influence of alcohol or drugs, to which Marshall responded that he was not.

Immediately following the hearing, because Marshall smelled of alcohol, a U.S. probation officer administered a preliminary breath test to Marshall. The preliminary breath test registered a reading of 0.149. Because he was drunk, a second hearing was held about a week later.

The perjury sentence will run concurrent with his controlled substance and firearms sentence.