U.S. District Judge Daniel Hovland says he is uncomfortable handing down a sentence of eight to 10 years to a woman who has admitted leaving her infant son to die in her home in 1998.

Dana Deegan, 34, pleaded guilty to second-degree murder Monday morning at the federal courthouse in Bismarck. Under a plea agreement entered into court record on Nov. 30, prosecutors agreed to dismiss an indictment charging Deegan with first-degree murder and false statements.

Federal sentencing guidelines call for Deegan to receive a sentence of between eight years and one month and 10 years and one month in prison for the crime. There is no parole in the federal system, but the sentence could include up to five years of supervised probation following her release.

Hovland explained that 90 percent of sentences handed down by federal judges in the United States fall within sentencing guidelines. However, judges can depart upward or downward from the guidelines, he said.

"I'm not bound by what the parties may have agreed to in a plea agreement," he said. "I'm not comfortable with eight to 10 years based on the limited information Ihave now."

Hovland said he has looked back at other sentences he has handed down in second degree murder cases he has presided over.

"The sentences were not even close to that," he said, adding that if the crime were to have happened now, the sentence range would be 14 to 18 years.

Hovland also said that the plea agreement does not mention factors in the case that could be used to trigger sentence enhancements. The judge said he believes some may apply, such as an enhancement for the victim of the crime being a vulnerable individual.

Deegan's appointed defense attorney, Bill Schmidt, said the plea agreement also does not keep the defense from arguing that Hovland should depart downward from the recommended sentencing guidelines.

Hovland said he will inform the prosecution and the defense if he intends to give a sentence of longer than is recommended. If he hands down a sentence that is outside the guideline range, Deegan will have the opportunity to appeal.

A presentence report will be completed in the case before sentencing, which is slated for Feb. 25. At the recommendation of a federal probation officer who has been monitoring Deegan since her release from jail last spring, Hovland also ordered a psychological evaluation that will be used for sentencing and will be sealed.

According to court documents, Deegan has admitted to giving birth to a full-term baby boy at her mobile home in Mandaree on Oct. 20, 1998. She cleaned the child, fed him, dressed him and wrapped him in towels and blankets before taking her other children, ages 1, 2 and 5 years old at the time, to her mother's home in White Shield and leaving the newborn alone for approximately two weeks.

The child was dead when Deegan returned alone to her mobile home, which is on the Fort Berthold reservation, and she placed him in a suitcase and put the suitcase in a ditch 500 yards from her home, court documents say.

The suitcase and the child inside were found on Nov. 4, 1999, by a rancher repairing fences in the area. The child has been known as "Baby Doe" or "Baby Moses" since it was found. Community members paid for burial expenses for the child, since his identity and family were unknown at the time.

Assistant U.S. Attorney Clare Hochhalter, who is prosecuting the case, said Deegan may have to pay restitution to cover the amount of the burial.

"I know that there were costs associated with the burial of the child," he said.

Deegan was identified as the mother of the child in February by DNA tests. She said Monday no one knew she was pregnant with "Baby Moses," and her other children were unaware she had delivered and left the baby.

Under questioning from Hovland, Deegan said Shannon Hale, the father of her children, was not around the home much during her pregnancy.

"He was using drugs and wasn't home,"Deegan said. She said Hale had methamphetamine and alcohol addictions.

"My father was diagnosed with liver cancer and was also sick with cirrhosis," she continued.

Deegan said she never received prenatal care while pregnant with the baby, though she had for her first three children. She said she had a history of not knowing she was pregnant until late in a pregnancy.

Hovland asked Deegan if she had been overwhelmed by the stressors in her life around the time of the child's birth.

"Yes, sir,"she said, crying.

Deegan, dressed in a black leather jacket, black pants and black shoes, also cried as Hovland explained that he could give her a longer sentence than the one recommended. Her mother, Donna Deegan, and two other supporters showed little reaction throughout the hearing.

Deegan and her children have been living with her mother in White Shield since Deegan was released from jail following her May arrest for the murder. Hovland said he would allow that arrangement to continue, since Deegan has made contact, in person or by telephone, with a probation officer three times per week since her release.

Deegan said she is unemployed. She lost her job in the Three Affiliated Tribes' early childhood program as a result of the murder charge. Prior to working for the tribe, she worked in the Women, Infants and Children program in New Town.

Hochhalter deferred comment to U.S. Attorney Drew Wrigley. Wrigley, who was not present at Monday's hearing, issued a statement in the case, in which he commended the continued work of FBIagents over the years to solve the murder.

"Their work was first rate, and they refused to let this case go unsolved," he said.

"Dana Deegan has now pled guilty to the intentional murder of her baby boy," Wrigley said. "But Iwant to point out that, while she's pled guilty now, Dana Deegan has done everything that she could to avoid responsibility in this case dating all the way back to October of 1998.

"Baby Moses' life ended in the ravages of starvation and dehydration. But today, there's justice for that child, a child who was completely dependent upon the woman who chose to take his life," he continued. "It's absolutely gut wrenching."

The audio file below is of U.S. Attorney Drew Wrigley commenting on the case.