Marion Inmate Charged with Possessing a Weapon in Prison
Lamar Elmer Smith, 32, an inmate at the United States Penitentiary at Marion, Illinois, appeared for arraignment today in United States District Court in Benton on charges that he possessed a weapon in that prison, announced Stephen R. Wigginton, United States Attorney for the Southern District of Illinois. The indictment, returned by a Federal Grand Jury on November 6th, alleged that the offense occurred on August 16, 2012, and described the weapon as being a 7 inch long piece of sharpened metal.
An indictment is a formal charge against a defendant. Under the law, a defendant is presumed to be innocent of a charge until proved guilty beyond a reasonable doubt to the satisfaction of a jury.
If convicted, Smith faces up to 5 years’ imprisonment, a $250,000 fine, and 3 years of supervised release to follow his incarceration. Federal law requires that any term of imprisonment imposed for this offense be imposed consecutively to the 211 month sentence he was already serving for conspiring to distribute cocaine and possessing a firearm during a drug trafficking crime.
Following the hearing, Smith was returned to the custody of the Federal Bureau of Prisons to await further proceedings.
The case was investigated by the Federal Bureau of Investigation with the assistance of the Federal Bureau of Prisons.
The case is being prosecuted by Assistant United States Attorney James M. Cutchin.