MINNEAPOLIS
– Recently in federal court in St. Paul, a trial jury found a 31-year-old
career criminal from St. Paul guilty of possessing a 20-gauge sawed-off
shotgun. On December 14, 2012, Michael Allen Smith was convicted of one count
of being a career criminal in possession of a firearm and one count of possession
of an unregistered firearm. Smith was indicted on July 17, 2012.
The
evidence presented at the three-day trial proved that on April 28, 2012, police
found Smith in possession of an unregistered 20-gauge shotgun with a barrel
length of less than 18 inches. Because he is a felon, Smith is prohibited under
federal law from possessing firearms at any time. He was convicted of assault
in the fourth degree in Washington County in both 2005 and 2006 and murder in
the third degree in Ramsey County in 2001. Since those offenses constitute
crimes of violence, Smith is subject to the federal Armed Career Criminal Act.
That act mandates a minimum of 15 years in federal prison. Inasmuch as the
federal system does not have parole, offenders spend virtually their entire sentences
behind bars.
For
his crimes, Smith faces a potential maximum penalty of life in federal prison
on one count of being a career criminal in possession of a firearm and ten
years in prison on one count of possession of an unregistered firearm. United
States District Judge Susan R. Nelson will determine his sentence at a future
hearing, not yet scheduled.
This
case was the result of an investigation by the United States Bureau of Alcohol,
Tobacco, Firearms and Explosives and the Minneapolis Police Department. It is
being prosecuted by Assistant U.S. Attorney Richard Newberry.
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