GOSHEN COUNTY – The Goshen County District Court met in session at 2 p.m. Tuesday afternoon for the sentencing of Wyoming man, Dxter Duran (35).

Presiding over the procedure was District Judge, Ed Buchanan, while Goshen County Attorney, Eric Boyer, represented prosecution on behalf of the State of Wyoming.

Representing defense on behalf of Duran was Goshen Public Defender, Eric Palen.

Originally from Riverton and having been initially sentenced to two to four years for aggravated assault, Duran received additional charges for attempting to smuggle fentanyl into the Wyoming State Medium Correctional facility on September 22, 2022, where he is currently held.

Having first plead not guilty to the charge at his arraignment this last summer, Duran reached a plea agreement with the state and proceeded to change his plea to guilty Tuesday afternoon.

After reviewing the defendant’s Constitutional Rights before proceeding, Judge Buchanan addressed Duran via digital video before the court.

The District Judge expressed minor concern on behalf of Duran who was given new legal counsel, as the defendant’s prior attorney recently retired from legal practice.

“We are here for sentencing this afternoon, and I will note the presence of Mr. Eric Boyer on behalf of the state and Mr. Palen representing defense of Mr. Duran,” Buchanan began. “Mr. Duran you are appearing via video. Before we begin I want to confirm that you, Mr. Duran, as well as Mr. Palen consent to conducting this sentencing proceeding via video. Also that you have had the opportunity to meet with Mr. Palen, and talk about today’s sentencing. And if you needed more time, I’d be happy to give you that time if you need it.”

Duran answered Judge Buchanan in the negative, advocating that his current legal counsel was satisfactory and that he was ready to proceed with the sentencing of the case.

Duran also acknowledged before the court his strong desire for court leniency. Duran further noted his recent graduation of a drug treatment program while incarcerated, a will to continue sobriety, as well as the support of immediate family upon a possible release. 

“I’m not arguing about anything, I just wanted to correct it on my side,” Duran said. “I would like to enroll at a sober living facility in either Casper, Gillette, or Cheyenne. That’s where I would be. I know I’m not high risk. The plan for me for now is to go to a sober living house and go to a counseling place in Casper hopefully. I just graduated my treatment in here, and this is the recommendation to follow that up. Before I leave here, I will have a sober living house to go to. My family has contacted them, it’s just that we can’t move forward until this court date is over because we didn’t know what was going to go on. The place in Casper is just waiting on what the outcome of the courtroom was. I’m definitely going to a sober house, we just need to know the outcome of this so we can get it going. My initial sentence was two to four years. By next month on January 24, I will have had three years and two months on this sentence.”

Palen concurred with his client, advocating that if released from incarceration, Duran would continue living a sober drug-free life as recently shown by completing an institutional substance treatment program.

“In the real big scheme of things this is a little bit of a swing,” Palen stated. “But this is very important to my client, and he wanted to point this out from his position. Although he agrees he took fentanyl pills into a correctional facility, his position is that the pre-sentence investigation writer and addiction severity index writer were incorrect. Where my client possessed the fentanyl pills, however he initially passed a drug screening, but then later a drug screening was given to him where it was positive for fentanyl. I think my client’s major problem is Mr. Duran is minimizing his use of fentanyl. His position is that he did not use fentanyl, was not positive for fentanyl and is not in any way addicted or needs to use fentanyl. My client’s position is he does agree that what he did was illegal, but he is not a user of this substance. We would ask that the court go along with the agreement. My client is about ready to finish his sentence on this other charge, is ready to be released and I believe that he will remain drug and alcohol free. The only way he is going to be able to be a successful citizen is by remaining drug and alcohol free in the future. It was related to me that he has benefited from the program at the penitentiary and hopes to use that once he is released. The defendant states also that he would like to continue to keep his distance from the reservation as well as Riverton.”

In response to the defense, Boyer had no further concerns regarding the plea agreement on behalf of Duran. Boyer noted due to his current incarceration, the sentencing would be more appropriate to be left by the court rather than hearing further arguments from the state.

“The state knows of no actual corrections as per concerns over the plea agreement,” Boyer stated. “Mr. Duran as he did would plead to count one and provide a sufficient factual basis. In return, the state would stand silent in the sentencing. Your Honor the state has no further comments regarding the plea agreement. The state is dead silent Your Honor, and I believe that this is the court’s discretion.”

After hearing statements from both prosecution, defense, and the defendant himself; Judge Buchanan spoke in the direction of Duran as well as all in attendance for the proceeding.

According to the Judge, smuggling narcotics such as fentanyl sets a dangerous long-term precedent in the eyes of Wyoming law and would not go without deterring consequences.

In terms of aftercare treatment, Judge Buchanan had reserved feelings regarding Duran, who has had numerous prior incarcerations related to assault and illicit drugs.

“Maybe he goes to one of these places maybe he doesn’t,” Buchanan said. “That’s not a very satisfying possibility of the court unless there is some context I am missing. Someone brought fentanyl into the prison, and we are supposed to feel like it’s okay to suspend a sentence and that he has options out there? But I have no control over what he does. Do we enroll him in one of these places? Is there an application? Does he wait until he’s accepted? Is he accepted before he is released? So a judgment in sentence makes some recommendation that he go to a sober living community? 

“The court finds that Mr. Duran is not a good candidate for probation, even though the court has considered probation. I’m concerned obviously with the treatment aspect. One thing that nobody really addressed but I will, is that is this court obviously takes it very serious when someone introduces a controlled substance, especially fentanyl into our facilities. In consideration all of that, I’m also considering the general deterrence as a general punishment of what you did and for the protection of the public. In regard to count one I’m going to sentence you to no less than one year no more than three years in prison. That is consecutive to the current one you have.”

Duran thereafter requested credit for time already served which was swiftly and vehemently denied by Judge Buchanan.

“My hope for the sentence Mr. Duran is that you won’t have very long to serve on this new sentence,” Buchanan said. “But you have a reentry plan that addresses your issues. I won’t do that and here’s why; the punishment I’ve given you is for the deterrence. That would defeat the purpose of my sentence, but I do appreciate you asking the question.”

The court stood in recess at 2:48 p.m.