Date: 09-04-2024

Case Style:

United States of America v. Durell Smith

Case Number:

Judge:

Court: The United States District Court for the Western District of North Carolina

Plaintiff's Attorney: The United States Attorney’s Office for Charlotte

Defendant's Attorney:

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Description:

Charlotte, North Carolina criminal defense lawyer represented the Defendant charged with
Charlotte Man Is Sentenced To Prison For Possession Of A Machinegun

Durell Smith, 22, of Charlotte, was sentenced today to 54 months in prison followed by two years of supervised release for possession of a machinegun, announced Dena J. King, U.S. Attorney for the Western District of North Carolina.

Bennie Mims, Special Agent in Charge of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Charlotte Field Division, and Chief Johnny Jennings of the Charlotte Mecklenburg Police Department (CMPD), join U.S. Attorney King in making today’s announcement.

According to filed court documents and court proceedings, on February 10, 2023, CMPD officers observed Smith park a vehicle that displayed a fictitious tag in front of a residence in Charlotte. An officer approached the vehicle and saw a Glock, model 17, 9mm caliber handgun with distinctive white skulls painted on it with a machinegun conversion device, also known as a Glock switch, installed. The firearm with the skulls had been stolen and had a 30-round magazine inserted into the weapon. A further search of the car revealed a second machinegun, a Glock model 33 .357 caliber handgun with a Glock switch installed. Court records show that Smith had previously posted photos online posing with the firearm with the painted skulls. According to court documents, several months after CMPD seized the two machineguns, Smith was arrested at the same residence. CMPD executed a search warrant on the property and recovered several stolen firearms from the residence.

On April 24, 2024, Smith pleaded guilty to possession of a machinegun. He is currently in federal custody and will be transferred to the custody of the federal Bureau of Prisons upon designation of a federal facility.

U.S. Attorney King thanked the ATF and CMPD for their investigation of the case.

The U.S. Attorney’s Office in Charlotte prosecuted the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

Outcome:

Defendant was found guilty and sentenced to 54 months in prison followed by two years of supervised release

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Defendant's Experts:

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