Wheeling man convicted of unlawfully possessing firearm

WHEELING, WEST VIRGINIA – David L. Smith, 40, of Wheeling, was convicted today of being in unlawful possession of a firearm, United States Attorney William J. Ihlenfeld, II, announced.

Smith was previously convicted the felony offenses of “Unlawful Assault” and “Grand Larceny” in the Circuit Court of Marshall County, West Virginia. As a result of these convictions, he is prohibited from possessing a firearm. He was discovered in Ohio County, West Virginia in February 2015 in possession of a .45 caliber pistol.

Smith pled guilty today to a criminal Information charging him with one count of “Felon in Possession of a Firearm.”  He faces up to 10 years in prison and a fine of up to $250,000 on each count. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Assistant U.S. Attorney David Perri prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.

U.S. Magistrate Judge James E. Seibert presided.