A Juneau man was sentenced to serve two years in prison for selling drugs to a confidential informant last spring.
Nicholas A. DeTemple, 25, also received a total of 18 months in suspended jail time for a variety of misdemeanors during his sentencing hearing Wednesday in Juneau Superior Court before Judge Philip Pallenberg. He was ordered to be on probation for three years after his release.
Prosecutors said DeTemple sold a tenth of a gram of heroin to the informant in late March and a tenth of a gram of methamphetamine to an informant in early April. There was also an attempted drug sale in between.
He was indicted by a Juneau grand jury on felony drug charges in June, and pleaded guilty to one of the charges — third-degree drug misconduct — last month. The other counts were dismissed in a plea deal reached with prosecutors.
Third-degree drug misconduct is a class ‘B’ felony that can carry up to 10 years in prison, but has a presumptive sentencing range of one to three years for first-time offenders, such as DeTemple.
The judge agreed that the drug amounts were “just small retail sales,” but that it was a serious offense, especially considering DeTemple’s juvenile and adult misdemeanor record.
Pallenberg also noted that it’s clear that the plea agreement was a compromise since issues arose about the Glass warrant which authorized the confidential informant to wear a wire. DeTemple’s attorney, Kevin Higgins, filed a motion to suppress that evidence, which was deemed moot when a plea agreement was reached.
DeTemple received the suspended jail sentence for having metal knuckles, stealing headphones from Walmart and driving without a valid license.
The judge said the metal knuckles weapons violation charge was particularly relevant because DeTemple assaulted a man with metal knuckles at a store in 2007.
DeTemple was found with the metal knuckles and arrested in July 2012 when law enforcement executed a search warrant at Darrell W. Dawson’s shop in the 9400 block of Moraine Way, as they tracked a package that contained six ounces of methamphetamine.
That case led Dawson to be charged in federal court with conspiracy to distribute methamphetamine. Dawson has since pleaded guilty and is scheduled to be sentenced in Juneau before U.S. District Court Judge Timothy Burgess later this week.
DeTemple declined to address the court when given a chance.
DeTemple’s attorney, Higgins, noted that when his client was found in Dawson’s shop he was sleeping on a floor of a shed. Higgins said his client was not living “high on the hog” and a lavish lifestyle at other people’s expense and that DeTemple had a substance abuse problem that needs to be treated.
• Contact reporter Emily Russo Miller at 523-2263 or at firstname.lastname@example.org.