United States Attorney Leura G. Canary Middle District of Alabama

ARMED FELON SENTENCED TO 30 YEARS

ARMED CAREER CRIMINAL RECEIVED ENHANCED
SENTENCE FOR UNUSUALLY CRUEL AND DEGRADING CRIME

MONTGOMERY, ALABAMA— United States Attorney Leura G. Canary announced today the sentencing of Darren Smiley, 28, of Luverne, Alabama. Smiley was sentenced by Chief United States District Judge Mark Fuller to 360 months imprisonment, or 30 years. On November 16, 2005, Smiley had been convicted by a federal jury in Montgomery for being a felon in possession of a firearm. Since his conviction in November of 2005, Smiley has changed attorneys multiple times delaying his sentencing.

Smiley had previously been convicted by the State of Alabama of three drug distribution offenses. Because of these previous drug distribution crimes, Smiley was classified as an Armed Career Criminal. Under federal law, Armed Career Criminals are subject to a mandatory minimum sentence of 15 years to life imprisonment.

According to the evidence presented at trial, Smiley possessed a firearm during his assault on a 67-year-old employee of the Tom Thumb gas station in Luverne, Alabama. During the crime, Smiley sexually assaulted the elderly attendant, struck her with the gun, robbed her, and locked her in a trash bin. Today, federal prosecutors sought and received an enhanced sentence for Smiley’s unusually cruel and degrading conduct. Chief Judge Fuller readily agreed that Smiley’s actions were unusually cruel, warranting an enhancement.

According to United States Attorney Canary, “Today’s sentence reflects the positive results that can be achieved through the effective use of our local Project Safe Neighborhoods Initiative, Alabama ICE. Armed with tough federal gun laws, federal prosecutors joined forces with federal, state and local law enforcement officers to send a callous, remorseless criminal to prison for 30 years, without the possibility of parole. Darren Smiley is a three-time convicted crack dealer who preyed upon an elderly member of our community with a gun. Now, thanks to Alabama ICE, he’ll have 30 years to contemplate that decision.”

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Luverne Police Department. It was prosecuted by Assistant United States Attorneys Verne Speirs and Susan Redmond.