A Sioux Falls man has been sentenced to two years in federal prison for possessing a firearm as a felon. U.S. District Judge Karen E. Schreier delivered the sentence to Michael Spath, II, 35, on December 1, 2025. In addition to the prison term, Spath will serve three years of supervised release and pay a fine along with a $100 special assessment to the Federal Crime Victims Fund.
Spath was indicted by a federal grand jury in February 2025 for possession of a firearm by a prohibited person and pleaded guilty on October 27, 2025. The case stems from an incident on September 4, 2024, when Sioux Falls Police responded to his residence and found two firearms under a nightstand next to his bed. Due to multiple prior felony convictions, Spath is not allowed to possess firearms.
According to United States Attorney Ron Parsons, “This case is part of Operation Take Back America, a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime. Operation Take Back America streamlines efforts and resources from the Department’s Organized Crime Drug Enforcement Task Forces (OCDETFs) and Project Safe Neighborhood (PSN). Through PSN, the District of South Dakota seeks to bring together all levels of law enforcement and the communities they serve to reduce gun violence and make our neighborhoods safer for everyone.”
The investigation involved Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Sioux Falls Police Department’s Violent Crimes Unit. Assistant U.S. Attorney Mark Joyce prosecuted the case.
Spath was immediately taken into custody by the U.S. Marshals Service.

