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Press Release

Eighth Circuit Court of Appeals Affirms Conviction of Sioux Falls Man for Unlawful Firearm Possession

For Immediate Release
U.S. Attorney's Office, District of South Dakota

United States Attorney Randolph J. Seiler announces that the Eighth Circuit Court of Appeals has affirmed a Sioux Falls, South Dakota, man’s conviction for being a prohibited person in possession of a firearm.  

Cody Michael Smith, age 27, was indicted by a federal grand jury on December 3, 2014, for being a prohibited person in possession of a firearm due to a prior conviction for a misdemeanor crime of domestic violence. 

Smith was found in possession of a loaded rifle after Sioux Falls Police Department officers responded to his residence to see if his ex-girlfriend, who had been reported missing from a halfway house, was there.  The caller told police that Smith was a drug user who was known to possess weapons.  At Smith’s residence, law enforcement decided to make entry once they realized Smith had lied about being the only person present in the home.  In his bedroom, officers found Smith holding his ex-girlfriend and a gun on the bed. 

Smith pleaded guilty to the charge on December 30, 2014, and was sentenced to 41 months in prison. 

On appeal, Smith challenged the officers’ entry into his home.  The Eighth Circuit upheld the district court’s determination that the officers’ entry was a proper execution of their community caretaking function.

This case was investigated by the Sioux Falls Police Department and Bureau of Alcohol, Tobacco, Firearms, and Explosives.  Assistant U.S. Attorney Jennifer Mammenga prosecuted the case, and Assistant U.S. Attorney Kevin Koliner argued the case on appeal.

Updated April 23, 2016