Baltimore Career Criminal Exiled to 15 Years for Being a Felon in Possession of a Firearm

July 24, 2008

Baltimore, Maryland - U.S. District Judge Andre M. Davis sentenced Robert DeWayne Smith, age 27, of Baltimore, today to 15 years in prison followed by five years of supervised release for being a felon in possession of a firearm, announced United States Attorney for the District of Maryland Rod J. Rosenstein. Judge Davis enhanced Smith’s sentence upon finding that he was an armed career criminal. Smith was convicted by a federal jury on May 7, 2008

According the evidence presented at trial, on September 7, 2007, Baltimore Police officers saw a group of people in front of a liquor store located on the corner of North and Rutland Avenues in Baltimore. According to trial testimony, the officers stopped their car and got out to ask the group to move. As they exited their car and began to approach the group, they smelled burning marijuana and the odor appeared to be coming from a van parked nearby. Officers observed an open, 24-ounce can of beer sitting in a console on the driver’s side floor board of the van and asked the driver and Robert Smith, who was in the back seat on the passenger side of the van, to get out of the van. A search of the van recovered a burnt marijuana cigarette in the ashtray and a Smith & Wesson .38 caliber revolver, loaded with six rounds, under the back of the front passenger’s seat. Smith was arrested and in a recorded statement, admitted that the gun found in the van belonged to him and that he had hidden it under the seat when he saw the officers arrive at the scene.

United States Attorney Rod J. Rosenstein thanked Baltimore City State’s Attorney Patricia C. Jessamy and Assistant State’s Attorney Robin Wherly, the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Baltimore City Police Department for their assistance in the investigation and prosecution. Mr. Rosenstein commended Assistant U.S. Attorneys Cheryl L. Crumpton and Jason M. Weinstein, who prosecuted the case.


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