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Justice News

Department of Justice
U.S. Attorney’s Office
Southern District of West Virginia

Wednesday, August 14, 2013

Charleston Felon Who Purchased A Stolen Pistol Pleads Guilty To Federal Charge

CHARLESTON – A Charleston man pleaded guilty in federal court to possession of a stolen firearm, announced U.S. Attorney Booth Goodwin.   Brian M. Smith, 30, illegally purchased a Kel Tec 9-millimeter pistol from a person on December 2, 2009.  Smith pleaded guilty today before United States District Judge Thomas E. Johnston in Charleston.

Smith purchased the firearm in exchange for $100. The illegal firearm transaction took place at Smith’s Charleston residence.  Smith knew or had reasonable cause to believe that the pistol was stolen.  On December 3, 2009, Smith was approached by law enforcement officers at an automotive parts store located in Charleston.  Police conducted a search of Smith and found the 9-millimeter pistol on his person.     

Smith was previously convicted of three counts of burglary in October 2005 in the Circuit Court of Kanawha County.  He did not have his rights to possess a firearm restored. 
Smith faces up to 10 years in prison and a $250,000 fine when he is sentenced in November. 

The investigation was conducted by the Charleston Police Department, with assistance by the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant United States Attorney Erik S. Goes is in charge of the prosecution. 

This case is being brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.

Updated January 7, 2015