Drug User Involved in Exchange of Gunfire in Dubuque Sentenced to Prison

An admitted user of a controlled substance who possessed a firearm and ammunition was sentenced yesterday to just over four years in federal prison.

Martin Lewis Smith, 21, from Dubuque, Iowa, received the prison term after a guilty plea on January 13, 2016, to being a prohibited person in possession of a firearm and ammunition.  He was prohibited from possessing a weapon and ammunition because he was a regular user of marijuana.

The evidence showed that Smith exchanged gunfire with another individual in a Dubuque neighborhood with residents present, including small children.  When he was approached by one citizen, he advised that citizen to “Go inside before you get popped.”  He had smoked marijuana the day prior.  At sentencing, the Court noted that Smith created a serious danger to the public and was a high risk to reoffend because of his criminal background and attitude.

Smith was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  He was sentenced to 51 months’ imprisonment.  A special assessment of $100 was imposed.  He must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system. Smith is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Steve Young and investigated by the Dubuque Police Department. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 15-CR-1028.

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